Bill Text: IL HB5436 | 2017-2018 | 100th General Assembly | Introduced

---

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: (Failed) 2019-01-08 - Session Sine Die [HB5436 Detail]

Download: Illinois-2017-HB5436-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5436 Introduced , by Rep. C.D. Davidsmeyer 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.
LRB100 20134 MJP 35418 b
A BILL FOR
HB5436 LRB100 20134 MJP 35418 b
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

HB5436 - 2 - LRB100 20134 MJP 35418 b
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 Public Health

HB5436 - 3 - LRB100 20134 MJP 35418 b
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
a dangerously contagious or infectious disease, including

HB5436 - 4 - LRB100 20134 MJP 35418 b
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
quarantine or closure. When exigent circumstances exist that

HB5436 - 5 - LRB100 20134 MJP 35418 b
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

HB5436 - 6 - LRB100 20134 MJP 35418 b
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
refusal of physical examination or testing or collection of
laboratory specimens results in uncertainty regarding whether

HB5436 - 7 - LRB100 20134 MJP 35418 b
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,

HB5436 - 8 - LRB100 20134 MJP 35418 b
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

HB5436 - 9 - LRB100 20134 MJP 35418 b
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

HB5436 - 10 - LRB100 20134 MJP 35418 b
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

HB5436 - 11 - LRB100 20134 MJP 35418 b
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 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

HB5436 - 12 - LRB100 20134 MJP 35418 b
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,

HB5436 - 13 - LRB100 20134 MJP 35418 b
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.
(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

HB5436 - 14 - LRB100 20134 MJP 35418 b
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 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

HB5436 - 15 - LRB100 20134 MJP 35418 b
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
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.

HB5436 - 16 - LRB100 20134 MJP 35418 b
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.)