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| Public Act 103-0962
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| SB3239 Enrolled | LRB103 38269 CES 68404 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Health and Hazardous Substances |
Registry Act is amended by changing Sections 3, 4, 6, 9, and 13 |
as follows:
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(410 ILCS 525/3) (from Ch. 111 1/2, par. 6703) |
Sec. 3. For the purposes of this Act, unless the context |
requires otherwise: |
(a) "Department" means the Illinois Department of Public |
Health. |
(b) "Director" means the Director of the Illinois |
Department of Public Health. |
(c) (Blank). "Council" means the Health and Hazardous |
Substances Coordinating Council created by this Act. |
(d) "Registry" means the Illinois Health and Hazardous |
Substances Registry established by the Department of Public |
Health under Section 6 of this Act. |
(e) "Cancer" means all malignant neoplasms, regardless of |
the tissue of origin, including malignant lymphoma and |
leukemia. |
(f) "Cancer incidence" means a medical diagnosis of |
cancer, consisting of a record of cases of cancer and |
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specified cases of tumorous or precancerous diseases which |
occur in Illinois, and such other information concerning these |
cases as the Department deems necessary or appropriate in |
order to conduct thorough and complete epidemiological surveys |
of cancer and cancer-related diseases in Illinois. |
(g) "Occupational disease" includes but is not limited to |
all occupational diseases covered by the Workers' Occupational |
Diseases Act. |
(h) "Hazardous substances" means a hazardous substance as |
defined in the Environmental Protection Act. |
(i) "Hazardous substances incident" includes but is not |
limited to a spill, fire, or accident involving hazardous |
substances, illegal disposal, transportation, or use of |
hazardous substances, and complaints or permit violations |
involving hazardous substances. |
(j) "Company profile" includes but is not limited to the |
name of any company operating in the State of Illinois which |
generates, uses, disposes of or transports hazardous |
substances, identification of the types of permits issued in |
such company's name relating to transactions involving |
hazardous substances, inventory of hazardous substances |
handled by such company, and the manner in which such |
hazardous substances are used, disposed of, or transported by |
the company. |
(k) "Hazardous nuclear material" means (1) any source or |
special nuclear material intended for use or used as an energy |
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source in a production or utilization facility as defined in |
Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954 |
as amended; (2) any fuel which has been discharged from such a |
facility following irradiation, the constituent elements of |
which have not been separated by reprocessing; or (3) any |
by-product material resulting from operation of such a |
facility. |
(l) "Adverse pregnancy outcome" includes but is not |
limited to birth defects, fetal loss, infant mortality, low |
birth weight, selected life-threatening conditions, and other |
developmental disabilities as defined by the Department. |
(m) "News medium" means any newspaper or other periodical |
issued at regular intervals, whether in print or electronic |
format, and having a general circulation; a news service, |
whether in print or electronic format; a radio station, a |
television station; a television network; a community antenna |
television service; and any person or corporation engaged in |
the making of news reels or other motion picture news for |
public showing. |
(n) "Researcher" means an individual who is affiliated |
with or supported by universities, academic centers, research |
institutions, hospitals, and governmental entities who conduct |
scientific research or investigation on human diseases. |
(Source: P.A. 95-941, eff. 8-29-08.)
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(410 ILCS 525/4) (from Ch. 111 1/2, par. 6704) |
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Sec. 4. (a) There is created the Health and Hazardous |
Substances Coordinating Council, to be comprised of the |
following persons ex officio or their designees: Dean of the |
School of Public Health of the University of Illinois, |
Director of Natural Resources, Director of Public Health, |
Director of Labor, Director of Agriculture, Director of the |
Environmental Protection Agency and the Director of Nuclear |
Safety. |
The University of Illinois School of Public Health shall |
advise the Department in the design, function and utilization |
of the Registry. |
(b) To facilitate the collection of cancer incidence |
information, the Department, in consultation with the Advisory |
Board of Cancer Control, shall have the authority to require |
hospitals, laboratories or other facilities to report |
incidences of cancer and other specified tumorous and |
precancerous diseases to the Department, and to require the |
submission of such other information pertaining to or in |
connection with such reported cases as the Department deems |
necessary or appropriate for the purposes of this Act. The |
Department may promulgate rules or regulations specifying the |
hospitals, laboratories or other facilities which are required |
to submit information pursuant to this Section, the types of |
information required to be submitted, methods of submitting |
such information and any other detail deemed by the Department |
to be necessary or appropriate for administration of this Act. |
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Nothing in this Act shall be construed to compel any |
individual to submit to a medical examination or supervision. |
(c) The Director shall by rule or regulation establish |
standards or guidelines for ensuring the protection of |
information made confidential or privileged under law. |
(d) The identity, or any group of facts that tends to lead |
to the identity, of any person whose condition or treatment is |
submitted to the Illinois Health and Hazardous Substances |
Registry is confidential and shall not be open to public |
inspection or dissemination and is exempt from disclosure |
under Section 7 of the Freedom of Information Act. The |
following data elements, alone or in combination, are |
confidential, shall not be open to public inspection or |
dissemination, and are exempt from disclosure under Section 7 |
of the Freedom of Information Act: name, social security |
number, street address, email address, telephone number, fax |
number, medical record number, certificate/license number, |
reporting source (unless permitted by the reporting facility), |
age (unless aggregated for 5 or more years, ZIP code (unless |
aggregated for 5 or more years), and diagnosis date (unless |
aggregated for one or more years for the entire State or for 3 |
or more years for a single county). The identity of any person |
or persons claimed to be derived from cancer registry data is |
not admissible in evidence, and no court shall require |
information to be produced in discovery if it determines that |
the information tends to lead to the identity of any person. |
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Information for specific research purposes may be released in |
accordance with procedures established by the Department. |
Except as provided by rule, and as part of an epidemiologic |
investigation, an officer or employee of the Department may |
interview a patient named in a report made under this Act, or |
relatives of any such patient, only with the express written |
consent of the patient. |
(e) Hospitals, laboratories, other facilities or |
physicians shall not be held liable for the release of |
information or confidential data to the Department in |
accordance with this Act. The Department shall protect any |
information made confidential or privileged under law. |
(Source: P.A. 95-941, eff. 8-29-08.)
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(410 ILCS 525/6) (from Ch. 111 1/2, par. 6706) |
Sec. 6. (a) No later than January 1, 1985, the Department |
shall commence the work necessary to compile the information |
which will constitute the Health and Hazardous Substances |
Registry. The Registry shall consist of the compilation of |
information in the following categories: |
(i) adverse pregnancy outcomes; |
(ii) cancer incidences; |
(iii) occupational diseases; |
(iv) location, transportation, and exposure to hazardous |
nuclear materials; |
(v) company profiles; and |
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(vi) hazardous substances incidents. |
The Department, pursuant to any guidelines established by |
the Council, shall promulgate rules or regulations specifying |
the types of information in each category which will be |
compiled for the Registry. Such information shall be compiled |
in the Registry in such a manner as to allow for geographical |
correlation of the data on public health and the data on |
hazardous substances and hazardous nuclear materials. To the |
extent feasible, the Registry shall be compatible with other |
national models of such type so as to facilitate the |
coordination of information with other data bases. |
(Source: P.A. 83-1361.)
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(410 ILCS 525/9) (from Ch. 111 1/2, par. 6709) |
Sec. 9. The Department shall utilize the Registry to |
conduct research on the relationships between hazardous |
substances, hazardous nuclear materials, and public health |
issues. The In consultation with the Council, the Director |
shall establish guidelines for determining the specific |
questions and areas to be researched. The guidelines shall |
specifically include the question of the potential public |
health significance of an increase in cancer incidence. The |
Upon the approval of the Council, the information contained in |
the Registry shall be available to other State agencies |
wishing to conduct research on these issues. Upon review and |
approval of an appropriate Institutional Review Board (IRB) or |
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its equivalent on protection of human subjects in research, |
the Department shall release data to researchers for purposes |
of medical and scientific research consistent with the |
fundamental purposes of the Registry. |
(Source: P.A. 95-941, eff. 8-29-08.)
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(410 ILCS 525/13) (from Ch. 111 1/2, par. 6713) |
Sec. 13. (a) Violation of this Act is a Class A |
misdemeanor. |
(b) Any person who violates this Act shall be liable for a |
civil penalty not to exceed $1,000 for each violation. |
(c) The Department Council may request the Attorney |
General or the State's Attorney of the county in which the |
violation occurred to proceed in a court of competent |
jurisdiction to secure such relief as provided in this |
Section, as well as injunctive relief to restrain violations |
of this Act. |
(Source: P.A. 83-1361.)
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