Bill Text: IL SB2416 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the Civil Administrative Code of Illinois. Abolishes the State Board of Health. Transfers responsibility for developing a State Health Improvement Plan (SHIP) from the Board to the Department of Public Health. Removes provisions establishing a planning team for the SHIP and provides that the SHIP Implementation Coordination Council shall serve as the planning team. Provides that the SHIP Implementation Coordination Council shall serve at the pleasure of the Governor (instead of the Governor appointing a new SHIP Implementation Coordination Council for each SHIP). Amends the Alternative Health Care Delivery Act. Transfers certain functions under the Act from the Board to the Department of Public Health. Amends the Counties Code. Requires plans for certain facilities to be submitted to and approved by the Director of Public Health (instead of the Secretary of the State Board of Health). Repeals an obsolete provision of the Obesity Prevention Initiative Act. Amends the Hospital Report Card Act. In a provision concerning the retirement of reporting measures by the Department, requires the Department to obtain approval from the Hospital Report Card and Consumer Guide to Health Care Advisory Committee (instead of the Board). Amends the Communicable Disease Prevention Act. In a provision concerning the adoption of rules requiring immunization of children, requires the Department (instead of the Board) to conduct 3 public hearings before the rule is adopted. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2016-04-20 - Referred to Rules Committee [SB2416 Detail]

Download: Illinois-2015-SB2416-Engrossed.html

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SB2416 Engrossed LRB099 16139 RPS 40464 b
AN ACT concerning State agencies.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 5-565 as follows:
(20 ILCS 5/5-565) (was 20 ILCS 5/6.06)
Sec. 5-565. In the Department of Public Health.
(a) The General Assembly declares it to be the public
policy of this State that all citizens of Illinois are entitled
to lead healthy lives. Governmental public health has a
specific responsibility to ensure that a public health system
is in place to allow the public health mission to be achieved.
The public health system is the collection of public, private,
and voluntary entities as well as individuals and informal
associations that contribute to the public's health within the
State. To develop a public health system requires certain core
functions to be performed by government. The State Board of
Health is to assume the leadership role in advising the
Director in meeting the following functions:
(1) Needs assessment.
(2) Statewide health objectives.
(3) Policy development.
(4) Assurance of access to necessary services.

SB2416 Engrossed - 2 - LRB099 16139 RPS 40464 b
There shall be a State Board of Health composed of 20
persons, all of whom shall be appointed by the Governor, with
the advice and consent of the Senate for those appointed by the
Governor on and after June 30, 1998, and one of whom shall be a
senior citizen age 60 or over. Five members shall be physicians
licensed to practice medicine in all its branches, one
representing a medical school faculty, one who is board
certified in preventive medicine, and one who is engaged in
private practice. One member shall be a chiropractic physician.
One member shall be a dentist; one an environmental health
practitioner; one a local public health administrator; one a
local board of health member; one a registered nurse; one a
physical therapist; one an optometrist; one a veterinarian; one
a public health academician; one a health care industry
representative; one a representative of the business
community; one a representative of the non-profit public
interest community; and 2 shall be citizens at large.
The terms of Board of Health members shall be 3 years,
except that members shall continue to serve on the Board of
Health until a replacement is appointed. Upon the effective
date of this amendatory Act of the 93rd General Assembly, in
the appointment of the Board of Health members appointed to
vacancies or positions with terms expiring on or before
December 31, 2004, the Governor shall appoint up to 6 members
to serve for terms of 3 years; up to 6 members to serve for
terms of 2 years; and up to 5 members to serve for a term of one

SB2416 Engrossed - 3 - LRB099 16139 RPS 40464 b
year, so that the term of no more than 6 members expire in the
same year. All members shall be legal residents of the State of
Illinois. The duties of the Board shall include, but not be
limited to, the following:
(1) To advise the Department of ways to encourage
public understanding and support of the Department's
programs.
(2) To evaluate all boards, councils, committees,
authorities, and bodies advisory to, or an adjunct of, the
Department of Public Health or its Director for the purpose
of recommending to the Director one or more of the
following:
(i) The elimination of bodies whose activities are
not consistent with goals and objectives of the
Department.
(ii) The consolidation of bodies whose activities
encompass compatible programmatic subjects.
(iii) The restructuring of the relationship
between the various bodies and their integration
within the organizational structure of the Department.
(iv) The establishment of new bodies deemed
essential to the functioning of the Department.
(3) To serve as an advisory group to the Director for
public health emergencies and control of health hazards.
(4) To advise the Director regarding public health
policy, and to make health policy recommendations

SB2416 Engrossed - 4 - LRB099 16139 RPS 40464 b
regarding priorities to the Governor through the Director.
(5) To present public health issues to the Director and
to make recommendations for the resolution of those issues.
(6) To recommend studies to delineate public health
problems.
(7) To make recommendations to the Governor through the
Director regarding the coordination of State public health
activities with other State and local public health
agencies and organizations.
(8) To report on or before February 1 of each year on
the health of the residents of Illinois to the Governor,
the General Assembly, and the public.
(9) To review the final draft of all proposed
administrative rules, other than emergency or preemptory
rules and those rules that another advisory body must
approve or review within a statutorily defined time period,
of the Department after September 19, 1991 (the effective
date of Public Act 87-633). The Board shall review the
proposed rules within 30 90 days of submission by the
Department. The Department shall take into consideration
any comments and recommendations of the Board regarding the
proposed rules prior to submission to the Secretary of
State for initial publication. If the Department disagrees
with the recommendations of the Board, it shall submit a
written response to the Board outlining the reasons for not
accepting the recommendations.

SB2416 Engrossed - 5 - LRB099 16139 RPS 40464 b
In the case of proposed administrative rules or
amendments to administrative rules regarding immunization
of children against preventable communicable diseases
designated by the Director under the Communicable Disease
Prevention Act, after the Immunization Advisory Committee
has made its recommendations, the Board shall conduct 3
public hearings, geographically distributed throughout the
State. At the conclusion of the hearings, the State Board
of Health shall issue a report, including its
recommendations, to the Director. The Director shall take
into consideration any comments or recommendations made by
the Board based on these hearings.
(10) To deliver to the Governor for presentation to the
General Assembly a State Health Improvement Plan. The first
3 such plans shall be delivered to the Governor on January
1, 2006, January 1, 2009, and January 1, 2016 and then
every 5 years thereafter.
The Plan shall recommend priorities and strategies to
improve the public health system and the health status of
Illinois residents, taking into consideration national
health objectives and system standards as frameworks for
assessment.
The Plan shall also take into consideration priorities
and strategies developed at the community level through the
Illinois Project for Local Assessment of Needs (IPLAN) and
any regional health improvement plans that may be

SB2416 Engrossed - 6 - LRB099 16139 RPS 40464 b
developed. The Plan shall focus on prevention as a key
strategy for long-term health improvement in Illinois.
The Plan shall examine and make recommendations on the
contributions and strategies of the public and private
sectors for improving health status and the public health
system in the State. In addition to recommendations on
health status improvement priorities and strategies for
the population of the State as a whole, the Plan shall make
recommendations regarding priorities and strategies for
reducing and eliminating health disparities in Illinois;
including racial, ethnic, gender, age, socio-economic and
geographic disparities.
The Director of the Illinois Department of Public
Health shall appoint a Planning Team that includes a range
of public, private, and voluntary sector stakeholders and
participants in the public health system. This Team shall
include: the directors of State agencies with public health
responsibilities (or their designees), including but not
limited to the Illinois Departments of Public Health and
Department of Human Services, representatives of local
health departments, representatives of local community
health partnerships, and individuals with expertise who
represent an array of organizations and constituencies
engaged in public health improvement and prevention.
The State Board of Health shall hold at least 3 public
hearings addressing drafts of the Plan in representative

SB2416 Engrossed - 7 - LRB099 16139 RPS 40464 b
geographic areas of the State. Members of the Planning Team
shall receive no compensation for their services, but may
be reimbursed for their necessary expenses.
Upon the delivery of each State Health Improvement
Plan, the Governor shall appoint a SHIP Implementation
Coordination Council that includes a range of public,
private, and voluntary sector stakeholders and
participants in the public health system. The Council shall
include the directors of State agencies and entities with
public health system responsibilities (or their
designees), including but not limited to the Department of
Public Health, Department of Human Services, Department of
Healthcare and Family Services, Environmental Protection
Agency, Illinois State Board of Education, Department on
Aging, Illinois Violence Prevention Authority, Department
of Agriculture, Department of Insurance, Department of
Financial and Professional Regulation, Department of
Transportation, and Department of Commerce and Economic
Opportunity and the Chair of the State Board of Health. The
Council shall include representatives of local health
departments and individuals with expertise who represent
an array of organizations and constituencies engaged in
public health improvement and prevention, including
non-profit public interest groups, health issue groups,
faith community groups, health care providers, businesses
and employers, academic institutions, and community-based

SB2416 Engrossed - 8 - LRB099 16139 RPS 40464 b
organizations. The Governor shall endeavor to make the
membership of the Council representative of the racial,
ethnic, gender, socio-economic, and geographic diversity
of the State. The Governor shall designate one State agency
representative and one other non-governmental member as
co-chairs of the Council. The Governor shall designate a
member of the Governor's office to serve as liaison to the
Council and one or more State agencies to provide or
arrange for support to the Council. The members of the SHIP
Implementation Coordination Council for each State Health
Improvement Plan shall serve until the delivery of the
subsequent State Health Improvement Plan, whereupon a new
Council shall be appointed. Members of the SHIP Planning
Team may serve on the SHIP Implementation Coordination
Council if so appointed by the Governor.
The SHIP Implementation Coordination Council shall
coordinate the efforts and engagement of the public,
private, and voluntary sector stakeholders and
participants in the public health system to implement each
SHIP. The Council shall serve as a forum for collaborative
action; coordinate existing and new initiatives; develop
detailed implementation steps, with mechanisms for action;
implement specific projects; identify public and private
funding sources at the local, State and federal level;
promote public awareness of the SHIP; advocate for the
implementation of the SHIP; and develop an annual report to

SB2416 Engrossed - 9 - LRB099 16139 RPS 40464 b
the Governor, General Assembly, and public regarding the
status of implementation of the SHIP. The Council shall
not, however, have the authority to direct any public or
private entity to take specific action to implement the
SHIP.
(11) Upon the request of the Governor, to recommend to
the Governor candidates for Director of Public Health when
vacancies occur in the position.
(12) To adopt bylaws for the conduct of its own
business, including the authority to establish ad hoc
committees to address specific public health programs
requiring resolution.
(13) To review and comment upon the Comprehensive
Health Plan submitted by the Center for Comprehensive
Health Planning as provided under Section 2310-217 of the
Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
Upon appointment, the Board shall elect a chairperson from
among its members.
Members of the Board shall receive compensation for their
services at the rate of $150 per day, not to exceed $10,000 per
year, as designated by the Director for each day required for
transacting the business of the Board and shall be reimbursed
for necessary expenses incurred in the performance of their
duties. The Board shall meet from time to time at the call of
the Department, at the call of the chairperson, or upon the

SB2416 Engrossed - 10 - LRB099 16139 RPS 40464 b
request of 3 of its members, but shall not meet less than 4
times per year.
(b) (Blank).
(c) An Advisory Board on Necropsy Service to Coroners,
which shall counsel and advise with the Director on the
administration of the Autopsy Act. The Advisory Board shall
consist of 11 members, including a senior citizen age 60 or
over, appointed by the Governor, one of whom shall be
designated as chairman by a majority of the members of the
Board. In the appointment of the first Board the Governor shall
appoint 3 members to serve for terms of 1 year, 3 for terms of 2
years, and 3 for terms of 3 years. The members first appointed
under Public Act 83-1538 shall serve for a term of 3 years. All
members appointed thereafter shall be appointed for terms of 3
years, except that when an appointment is made to fill a
vacancy, the appointment shall be for the remaining term of the
position vacant. The members of the Board shall be citizens of
the State of Illinois. In the appointment of members of the
Advisory Board the Governor shall appoint 3 members who shall
be persons licensed to practice medicine and surgery in the
State of Illinois, at least 2 of whom shall have received
post-graduate training in the field of pathology; 3 members who
are duly elected coroners in this State; and 5 members who
shall have interest and abilities in the field of forensic
medicine but who shall be neither persons licensed to practice
any branch of medicine in this State nor coroners. In the

SB2416 Engrossed - 11 - LRB099 16139 RPS 40464 b
appointment of medical and coroner members of the Board, the
Governor shall invite nominations from recognized medical and
coroners organizations in this State respectively. Board
members, while serving on business of the Board, shall receive
actual necessary travel and subsistence expenses while so
serving away from their places of residence.
(Source: P.A. 97-734, eff. 1-1-13; 97-810, eff. 1-1-13; 98-463,
eff. 8-16-13.)