Bill Text: IL HB1292 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Civil Administrative Code of Illinois; adds a chiropractic physician as a member of the State Board of Health. Amends the Hospice Program Licensing Act. Adds the following as a member of the Hospice and Palliative Care Advisory Board: a chiropractic physician, selected from the recommendations of the statewide chiropractic society representing the largest number of chiropractic physicians in the State. Provides that the chiropractic physician member shall serve for a term of 4 years. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0455 [HB1292 Detail]
Download: Illinois-2009-HB1292-Introduced.html
Bill Title: Amends the Civil Administrative Code of Illinois; adds a chiropractic physician as a member of the State Board of Health. Amends the Hospice Program Licensing Act. Adds the following as a member of the Hospice and Palliative Care Advisory Board: a chiropractic physician, selected from the recommendations of the statewide chiropractic society representing the largest number of chiropractic physicians in the State. Provides that the chiropractic physician member shall serve for a term of 4 years. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0455 [HB1292 Detail]
Download: Illinois-2009-HB1292-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Civil Administrative Code of Illinois is | ||||||||||||||||||||||||||
5 | amended by changing Section 5-565 as follows:
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6 | (20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
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7 | Sec. 5-565. In the Department of Public Health.
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8 | (a) The General Assembly declares it to be the public | ||||||||||||||||||||||||||
9 | policy of this
State that all citizens of Illinois are entitled | ||||||||||||||||||||||||||
10 | to lead healthy lives.
Governmental public health has a | ||||||||||||||||||||||||||
11 | specific responsibility to ensure that a
system is in place to | ||||||||||||||||||||||||||
12 | allow the public health mission to be achieved. To
develop a | ||||||||||||||||||||||||||
13 | system requires certain core functions to be performed by
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14 | government. The State Board of Health is to assume the | ||||||||||||||||||||||||||
15 | leadership role in
advising the Director in meeting the | ||||||||||||||||||||||||||
16 | following functions:
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17 | (1) Needs assessment.
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18 | (2) Statewide health objectives.
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19 | (3) Policy development.
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20 | (4) Assurance of access to necessary services.
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21 | There shall be a State Board of Health composed of 18 17 | ||||||||||||||||||||||||||
22 | persons,
all of
whom shall be appointed by the Governor, with | ||||||||||||||||||||||||||
23 | the advice and consent of the
Senate for those appointed by the |
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1 | Governor on and after June 30, 1998,
and one of whom shall be a
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2 | senior citizen age 60 or over. Five members shall be physicians | ||||||
3 | licensed
to practice medicine in all its branches, one | ||||||
4 | representing a medical school
faculty, one who is board | ||||||
5 | certified in preventive medicine, and one who is
engaged in | ||||||
6 | private practice. One member shall be a chiropractic physician. | ||||||
7 | One member shall be a dentist; one an
environmental health | ||||||
8 | practitioner; one a local public health administrator;
one a | ||||||
9 | local board of health member; one a registered nurse; one a
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10 | veterinarian; one a public health academician; one a health | ||||||
11 | care industry
representative; one a representative of the | ||||||
12 | business community; one a representative of the non-profit | ||||||
13 | public interest community; and 2 shall be citizens at large.
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14 | The terms of Board of Health members shall be 3 years, | ||||||
15 | except that members shall continue to serve on the Board of | ||||||
16 | Health until a replacement is appointed. Upon the effective | ||||||
17 | date of this amendatory Act of the 93rd General Assembly, in | ||||||
18 | the appointment of the Board of Health members appointed to | ||||||
19 | vacancies or positions with terms expiring on or before | ||||||
20 | December 31, 2004, the Governor shall appoint up to 6 members | ||||||
21 | to serve for terms of 3 years; up to 6 members to serve for | ||||||
22 | terms of 2 years; and up to 5 members to serve for a term of one | ||||||
23 | year, so that the term of no more than 6 members expire in the | ||||||
24 | same year.
All members shall
be legal residents of the State of | ||||||
25 | Illinois. The duties of the Board shall
include, but not be | ||||||
26 | limited to, the following:
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1 | (1) To advise the Department of ways to encourage | ||||||
2 | public understanding
and support of the Department's | ||||||
3 | programs.
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4 | (2) To evaluate all boards, councils, committees, | ||||||
5 | authorities, and
bodies
advisory to, or an adjunct of, the | ||||||
6 | Department of Public Health or its
Director for the purpose | ||||||
7 | of recommending to the Director one or
more of the | ||||||
8 | following:
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9 | (i) The elimination of bodies whose activities
are | ||||||
10 | not consistent with goals and objectives of the | ||||||
11 | Department.
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12 | (ii) The consolidation of bodies whose activities | ||||||
13 | encompass
compatible programmatic subjects.
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14 | (iii) The restructuring of the relationship | ||||||
15 | between the various
bodies and their integration | ||||||
16 | within the organizational structure of the
Department.
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17 | (iv) The establishment of new bodies deemed | ||||||
18 | essential to the
functioning of the Department.
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19 | (3) To serve as an advisory group to the Director for
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20 | public health emergencies and
control of health hazards.
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21 | (4) To advise the Director regarding public health | ||||||
22 | policy,
and to make health policy recommendations | ||||||
23 | regarding priorities to the
Governor through the Director.
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24 | (5) To present public health issues to the Director and | ||||||
25 | to make
recommendations for the resolution of those issues.
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26 | (6) To recommend studies to delineate public health |
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1 | problems.
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2 | (7) To make recommendations to the Governor through the | ||||||
3 | Director
regarding the coordination of State public health | ||||||
4 | activities with other
State and local public health | ||||||
5 | agencies and organizations.
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6 | (8) To report on or before February 1 of each year on | ||||||
7 | the health of the
residents of Illinois to the Governor, | ||||||
8 | the General Assembly, and the
public.
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9 | (9) To review the final draft of all proposed | ||||||
10 | administrative rules,
other than emergency or preemptory | ||||||
11 | rules and those rules that another
advisory body must | ||||||
12 | approve or review within a statutorily defined time
period, | ||||||
13 | of the Department after September 19, 1991 (the effective | ||||||
14 | date of
Public Act
87-633). The Board shall review the | ||||||
15 | proposed rules within 90
days of
submission by the | ||||||
16 | Department. The Department shall take into consideration
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17 | any comments and recommendations of the Board regarding the | ||||||
18 | proposed rules
prior to submission to the Secretary of | ||||||
19 | State for initial publication. If
the Department disagrees | ||||||
20 | with the recommendations of the Board, it shall
submit a | ||||||
21 | written response outlining the reasons for not accepting | ||||||
22 | the
recommendations.
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23 | In the case of proposed administrative rules or | ||||||
24 | amendments to
administrative
rules regarding immunization | ||||||
25 | of children against preventable communicable
diseases | ||||||
26 | designated by the Director under the Communicable Disease |
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1 | Prevention
Act, after the Immunization Advisory Committee | ||||||
2 | has made its
recommendations, the Board shall conduct 3 | ||||||
3 | public hearings, geographically
distributed
throughout the | ||||||
4 | State. At the conclusion of the hearings, the State Board | ||||||
5 | of
Health shall issue a report, including its | ||||||
6 | recommendations, to the Director.
The Director shall take | ||||||
7 | into consideration any comments or recommendations made
by | ||||||
8 | the Board based on these hearings.
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9 | (10) To deliver to the Governor for presentation to the | ||||||
10 | General Assembly a State Health Improvement Plan. The first | ||||||
11 | and second such plans shall be delivered to the Governor on | ||||||
12 | January 1, 2006 and on January 1, 2009 respectively, and | ||||||
13 | then every 4 years thereafter. | ||||||
14 | The Plan shall recommend priorities and strategies to | ||||||
15 | improve the public health system and the health status of | ||||||
16 | Illinois residents, taking into consideration national | ||||||
17 | health objectives and system standards as frameworks for | ||||||
18 | assessment. | ||||||
19 | The Plan shall also take into consideration priorities | ||||||
20 | and strategies developed at the community level through the | ||||||
21 | Illinois Project for Local Assessment of Needs (IPLAN) and | ||||||
22 | any regional health improvement plans that may be | ||||||
23 | developed.
The Plan shall focus on prevention as a key | ||||||
24 | strategy for long-term health improvement in Illinois. | ||||||
25 | The Plan shall examine and make recommendations on the | ||||||
26 | contributions and strategies of the public and private |
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1 | sectors for improving health status and the public health | ||||||
2 | system in the State. In addition to recommendations on | ||||||
3 | health status improvement priorities and strategies for | ||||||
4 | the population of the State as a whole, the Plan shall make | ||||||
5 | recommendations regarding priorities and strategies for | ||||||
6 | reducing and eliminating health disparities in Illinois; | ||||||
7 | including racial, ethnic, gender, age, socio-economic and | ||||||
8 | geographic disparities. | ||||||
9 | The Director of the Illinois Department of Public | ||||||
10 | Health shall appoint a Planning Team that includes a range | ||||||
11 | of public, private, and voluntary sector stakeholders and | ||||||
12 | participants in the public health system. This Team shall | ||||||
13 | include: the directors of State agencies with public health | ||||||
14 | responsibilities (or their designees), including but not | ||||||
15 | limited to the Illinois Departments of Public Health and | ||||||
16 | Department of Human Services, representatives of local | ||||||
17 | health departments, representatives of local community | ||||||
18 | health partnerships, and individuals with expertise who | ||||||
19 | represent an array of organizations and constituencies | ||||||
20 | engaged in public health improvement and prevention. | ||||||
21 | The State Board of Health shall hold at least 3 public | ||||||
22 | hearings addressing drafts of the Plan in representative | ||||||
23 | geographic areas of the State.
Members of the Planning Team | ||||||
24 | shall receive no compensation for their services, but may | ||||||
25 | be reimbursed for their necessary expenses.
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26 | (11) Upon the request of the Governor, to recommend to |
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1 | the Governor
candidates for Director of Public Health when | ||||||
2 | vacancies occur in the position.
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3 | (12) To adopt bylaws for the conduct of its own | ||||||
4 | business, including the
authority to establish ad hoc | ||||||
5 | committees to address specific public health
programs | ||||||
6 | requiring resolution.
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7 | Upon appointment, the Board shall elect a chairperson from | ||||||
8 | among its
members.
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9 | Members of the Board shall receive compensation for their | ||||||
10 | services at the
rate of $150 per day, not to exceed $10,000 per | ||||||
11 | year, as designated by the
Director for each day required for | ||||||
12 | transacting the business of the Board
and shall be reimbursed | ||||||
13 | for necessary expenses incurred in the performance
of their | ||||||
14 | duties. The Board shall meet from time to time at the call of | ||||||
15 | the
Department, at the call of the chairperson, or upon the | ||||||
16 | request of 3 of its
members, but shall not meet less than 4 | ||||||
17 | times per year.
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18 | (b) (Blank).
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19 | (c) An Advisory Board on Necropsy Service to Coroners, | ||||||
20 | which shall
counsel and advise with the Director on the | ||||||
21 | administration of the Autopsy
Act. The Advisory Board shall | ||||||
22 | consist of 11 members, including
a senior citizen age 60 or | ||||||
23 | over, appointed by the Governor, one of
whom shall be | ||||||
24 | designated as chairman by a majority of the members of the
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25 | Board. In the appointment of the first Board the Governor shall | ||||||
26 | appoint 3
members to serve for terms of 1 year, 3 for terms of 2 |
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1 | years, and 3 for
terms of 3 years. The members first appointed | ||||||
2 | under Public Act 83-1538 shall serve for a term of 3 years. All | ||||||
3 | members appointed thereafter
shall be appointed for terms of 3 | ||||||
4 | years, except that when an
appointment is made
to fill a | ||||||
5 | vacancy, the appointment shall be for the remaining
term of the | ||||||
6 | position vacant. The members of the Board shall be citizens of
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7 | the State of Illinois. In the appointment of members of the | ||||||
8 | Advisory Board
the Governor shall appoint 3 members who shall | ||||||
9 | be persons licensed to
practice medicine and surgery in the | ||||||
10 | State of Illinois, at least 2 of whom
shall have received | ||||||
11 | post-graduate training in the field of pathology; 3
members who | ||||||
12 | are duly elected coroners in this State; and 5 members who
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13 | shall have interest and abilities in the field of forensic | ||||||
14 | medicine but who
shall be neither persons licensed to practice | ||||||
15 | any branch of medicine in
this State nor coroners. In the | ||||||
16 | appointment of medical and coroner members
of the Board, the | ||||||
17 | Governor shall invite nominations from recognized medical
and | ||||||
18 | coroners organizations in this State respectively. Board | ||||||
19 | members, while
serving on business of the Board, shall receive | ||||||
20 | actual necessary travel and
subsistence expenses while so | ||||||
21 | serving away from their places of residence.
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22 | (Source: P.A. 93-975, eff. 1-1-05.)
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23 | Section 10. The Hospice Program Licensing Act is amended by | ||||||
24 | changing Section 15 as follows:
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1 | (210 ILCS 60/15) | ||||||
2 | Sec. 15. Hospice and Palliative Care Advisory Board. | ||||||
3 | (a) The Director shall appoint a Hospice and Palliative | ||||||
4 | Care Advisory Board ("the Board") to consult with the | ||||||
5 | Department as provided in this Section. The membership of the | ||||||
6 | Board shall be as follows: | ||||||
7 | (1) The Director, ex officio, who shall be a nonvoting | ||||||
8 | member and shall serve as chairman of the Board. | ||||||
9 | (2) One representative of each of the following State | ||||||
10 | agencies, each of whom shall be a nonvoting member: the | ||||||
11 | Department of
Healthcare and Family Services, the | ||||||
12 | Department of Human Services, and the Department on Aging. | ||||||
13 | (3) One member who is a physician licensed to
practice | ||||||
14 | medicine in all its branches, selected from the | ||||||
15 | recommendations of a statewide professional society | ||||||
16 | representing physicians licensed to practice medicine in | ||||||
17 | all its branches in all specialties ; and one member who is | ||||||
18 | a chiropractic physician, selected from the | ||||||
19 | recommendations of the statewide chiropractic society | ||||||
20 | representing the largest number of chiropractic physicians | ||||||
21 | in the State of Illinois . | ||||||
22 | (4) One member who is a registered nurse,
selected from | ||||||
23 | the recommendations of professional nursing associations. | ||||||
24 | (5) Four members selected from the
recommendations of | ||||||
25 | organizations whose primary membership consists of hospice | ||||||
26 | programs. |
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1 | (6) Two members who represent the general
public and | ||||||
2 | who have no responsibility for management or formation of | ||||||
3 | policy of a hospice program and no financial interest in a | ||||||
4 | hospice program. | ||||||
5 | (7) One member selected from the
recommendations of | ||||||
6 | consumer organizations that engage in advocacy or legal | ||||||
7 | representation on behalf of hospice patients and their | ||||||
8 | immediate families. | ||||||
9 | (b) Of the initial appointees, 4 shall serve for terms of 2 | ||||||
10 | years, 4 shall serve for terms of 3 years, and 5 shall serve | ||||||
11 | for terms of 4 years, as determined by lot at the first meeting | ||||||
12 | of the Board. Each successor member shall be appointed for a | ||||||
13 | term of 4 years. The chiropractic physician member shall serve | ||||||
14 | for a term of 4 years. A member appointed to fill a vacancy | ||||||
15 | before the expiration of the term for which his or her | ||||||
16 | predecessor was appointed shall be appointed to serve for the | ||||||
17 | remainder of that term. | ||||||
18 | (c) The Board shall meet as frequently as the chairman | ||||||
19 | deems necessary, but not less than 4 times each year. Upon the | ||||||
20 | request of 4 or more Board members, the chairman shall call a | ||||||
21 | meeting of the Board. A Board member may designate a | ||||||
22 | replacement to serve at a Board meeting in place of the member | ||||||
23 | by submitting a letter stating that designation to the chairman | ||||||
24 | before or at the Board meeting. The replacement member must | ||||||
25 | represent the same general interests as the member being | ||||||
26 | replaced, as described in paragraphs (1) through (7) of |
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1 | subsection (a). | ||||||
2 | (d) Board members are entitled to reimbursement for their | ||||||
3 | actual expenses incurred in performing their duties. | ||||||
4 | (e) The Board shall advise the Department on all aspects of | ||||||
5 | the Department's responsibilities under this Act, including | ||||||
6 | the format and content of any rules adopted by the Department | ||||||
7 | on or after the effective date of this amendatory Act of the | ||||||
8 | 95th General Assembly. Any such rule or amendment to a rule | ||||||
9 | proposed on or after the effective date of this amendatory Act | ||||||
10 | of the 95th General Assembly, except an emergency rule adopted | ||||||
11 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
12 | Procedure Act, that is adopted without obtaining the advice of | ||||||
13 | the Board is null and void. If the Department fails to follow | ||||||
14 | the advice of the Board with respect to a proposed rule or | ||||||
15 | amendment to a rule, the Department shall, before adopting the | ||||||
16 | rule or amendment to a rule, transmit a written explanation of | ||||||
17 | the reason for its action to the Board. During its review of | ||||||
18 | rules, the Board shall analyze the economic and regulatory | ||||||
19 | impact of those rules. If the Board, having been asked for its | ||||||
20 | advice with respect to a proposed rule or amendment to a rule, | ||||||
21 | fails to advise the Department within 90 days, the proposed | ||||||
22 | rule or amendment shall be considered to have been acted upon | ||||||
23 | by the Board.
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24 | (Source: P.A. 95-133, eff. 1-1-08.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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