Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 2305/ - Department of Public Health Act. (Part 1)

(20 ILCS 2305/1.1) (from Ch. 111 1/2, par. 21.1)
Sec. 1.1.
Short title.
This Act may be cited as the
Department of Public Health Act.

(Source: P.A. 86-1324.)
 
(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
Sec. 2. Powers.
(a) 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:
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 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 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 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 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 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, 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 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 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 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 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, 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.
(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 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. 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.)
 
(20 ILCS 2305/2.1)
Sec. 2.1. Information sharing.
(a) Whenever a State or local law enforcement authority learns of a case of an illness, health condition, or unusual disease or symptom cluster, reportable pursuant to rules adopted by the Department or by a local board of health or local public health authority, or a suspicious event that may be the cause of or related to a public health emergency, as that term is defined in Section 4 of the Illinois Emergency Management Agency Act, it shall immediately notify the Illinois Emergency Management Agency and the Department or local board of health or local public health authority.
(b) Whenever the Department or a local board of health or local public health authority learns of a case of an illness, health condition, or unusual disease or symptom cluster, reportable pursuant to rules adopted by the Department or by a local board of health or a local public health authority, or a suspicious event that it reasonably believes has the potential to be the cause of or related to a public health emergency, as that term is defined in Section 4 of the Illinois Emergency Management Agency Act, it shall immediately notify the Illinois Emergency Management Agency, the appropriate State and local law enforcement authorities, other appropriate State agencies, and federal health and law enforcement authorities and, after that notification, it shall provide law enforcement authorities with such other information as law enforcement authorities may request for the purpose of conducting a criminal investigation or a criminal prosecution of or arising out of that matter. No information containing the identity or tending to reveal the identity of any person may be redisclosed by law enforcement, except in a prosecution of that person for the commission of a crime.
(c) Sharing of information on reportable illnesses, health conditions, unusual disease or symptom clusters, or suspicious events between and among public health and law enforcement authorities shall be restricted to the information necessary for the treatment in response to, control of, investigation of, and prevention of a public health emergency, as that term is defined in Section 4 of the Illinois Emergency Management Agency Act, or for criminal investigation or criminal prosecution of or arising out of that matter.
(d) The operation of the language of this Section is not dependent upon a declaration of disaster by the Governor pursuant to the Illinois Emergency Management Agency Act.


(Source: P.A. 99-78, eff. 7-20-15.)
 
(20 ILCS 2305/3) (from Ch. 111 1/2, par. 22.01)
Sec. 3.


The General Assembly shall from time to time make appropriations to the
Department of Public Health for distribution to multiple-county and
consolidated health departments. Such appropriations shall be distributed
to health departments for municipality contributions to the Illinois
Municipal Retirement Fund. Distribution shall be made to those health
departments, which have no other funds available for payment of
municipality contributions, and have certified the amount needed to each
county in the health department and one or more of the counties is at a
county tax rate of 75¢ per $100 of equalized valuation for the year for
which the contributions are required. The amount distributed shall be equal
to the amount which the county or counties would have been required to
contribute to the health department for municipality contributions of the
health department if their county tax rate was less than 75¢ per $100
equalized valuation.

(Source: P.A. 76-1511.)
 
(20 ILCS 2305/4) (from Ch. 111 1/2, par. 22.02)
Sec. 4.
No otherwise qualified child with a disability receiving special education
and related services under Article 14 of The School Code shall solely by
reason of his or her disability be excluded from the participation in or be
denied the benefits of or be subjected to discrimination under any program
or activity provided by the Department.

(Source: P.A. 99-143, eff. 7-27-15.)
 
(20 ILCS 2305/5) (from Ch. 111 1/2, par. 22.03)
Sec. 5.

The Department of Public Health shall implement, administer
and enforce the provisions of the "Asbestos Abatement Act".

(Source: P.A. 83-1325.)
 
(20 ILCS 2305/5.5)
Sec. 5.5.
Specialized training for dementia-related diseases.
The
Department, in cooperation with the Department on Aging or any other
appropriate federal, State, or local agency, shall develop specialized training
and experience criteria for persons who provide health or home care to victims
of Alzheimer's disease or other dementia-related disorders, including but not
limited to cognitive and motor skill disorders,
stroke and related complications,
Huntington's disease, Pick's
disease, Parkinson dementia complex, and senility.
In addition, the
Department shall study the effectiveness of certifying, through the Department
or an appropriate private certifying body, persons who provide health or home
care to victims of Alzheimer's disease or other dementia-related disorders
according to the criteria developed under this Section. The Department shall
develop the criteria and present its findings and recommendations to the
Governor and the General Assembly on or before March 1, 2001.

(Source: P.A. 91-744, eff. 1-1-01.)
 
(20 ILCS 2305/6) (from Ch. 111 1/2, par. 22.04)
Sec. 6.

The Department of Public Health shall develop and implement a State plan
for control of acquired immunodeficiency syndrome (AIDS) to guide the
activities of State and local health authorities and all other officers and
employees of the State or any locality responsible for the enforcement of
public health laws, rules and regulations in the prevention of infectious
disease.
The Department shall review the
provisions of the AIDS control plan with the AIDS Advisory
Council prior to adoption and implementation thereof.

(Source: P.A. 85-677.)
 
(20 ILCS 2305/7) (from Ch. 111 1/2, par. 22.05)
Sec. 7. The Illinois Department of Public Health shall adopt rules
requiring that upon death of a person who had or is suspected of having an
infectious or communicable disease that could be transmitted through
contact with the person's body or bodily fluids, the body shall be labeled
"Infection Hazard", or with an equivalent term to inform persons having
subsequent contact with the body, including any funeral director or
embalmer, to take suitable precautions. Such rules shall require that the
label shall be prominently displayed on and affixed to the outer wrapping
or covering of the body if the body is wrapped or covered in any manner.
Responsibility for such labeling shall lie with the attending physician, advanced practice registered nurse, or physician assistant who
certifies death, or if the death occurs in a health care facility, with
such staff member as may be designated by the administrator of the facility. The Department may adopt rules providing for the safe disposal of human remains. To the extent feasible without endangering the public's health, the Department shall respect and accommodate the religious beliefs of individuals in implementing this Section.


(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
(20 ILCS 2305/7.5)
Sec. 7.5. Sarcoidosis research. The Department shall provide grants for research of sarcoidosis from funds appropriated for that purpose.

(Source: P.A. 94-372, eff. 7-29-05.)
 
(20 ILCS 2305/8) (from Ch. 111 1/2, par. 22.06)
Sec. 8.

From funds appropriated to it for this purpose, the Department
of Public Health shall annually make grants to regional poison resource
centers to provide fast, accurate information for poison prevention,
detection, surveillance, and treatment. The Department of Public Health
shall develop standards to delineate the responsibilities of poison
resource centers receiving funds under this Section.

(Source: P.A. 86-1292.)
 
(20 ILCS 2305/8.1) (from Ch. 111 1/2, par. 24)
Sec. 8.1.

Whoever violates or refuses to obey any rule or
regulation of the
Department of Public Health shall be deemed guilty of a Class A
misdemeanor. The Director of Public Health shall institute prosecutions and
proceedings for violation of the rules and regulations adopted by the
Department of Public Health, provided that he may designate a local board
of health or local health officer to institute prosecutions or proceedings
for violation of those rules and regulations adopted by the Department.
Each State's Attorney shall prosecute all persons in his county violating
or refusing to obey the rules and regulations of the Department of Public
Health. All fines or judgments collected or received shall be paid to the
County Treasurer of the county in which prosecution is conducted.

(Source: P.A. 87-895; 87-984.)
 
(20 ILCS 2305/8.2)
Sec. 8.2. Osteoporosis Prevention and Education Program.
(a) The Department of Public Health, utilizing available federal funds,
State funds appropriated for that
purpose, or other available funding as provided for in this Section,
shall establish, promote, and maintain
an Osteoporosis Prevention and Education Program to promote public awareness of
the causes of osteoporosis, options for prevention, the value of early
detection, and possible treatments (including the benefits and risks of those
treatments). The Department may accept, for that purpose, any special grant of
money, services, or property from the federal government or any of its agencies
or from any foundation, organization, or medical school.
(b) The program shall include the following:
(c) The State Board of Health shall serve as an advisory board to the
Department with specific respect to the prevention and education activities
related to osteoporosis described in this Section. The State Board of Health
shall assist the Department in implementing this Section.

(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
(20 ILCS 2305/8.3)
Sec. 8.3. (Repealed).


(Source: P.A. 90-82, eff. 7-10-97. Repealed by P.A. 99-933, eff. 1-27-17.)
 
(20 ILCS 2305/8.4)
Sec. 8.4.
Immunization Advisory Committee.
The Director of Public
Health shall appoint an Immunization Advisory Committee to advise the Director
on immunization issues.
The Director shall take into consideration any
comments or recommendations made by the Advisory Committee.
The
Immunization Advisory Committee shall be composed of the following members
with knowledge of immunization issues: a pediatrician, a physician licensed to
practice medicine in all its branches, a family physician, an infectious
disease
specialist from a university based center, 2 representatives of a local health
department, a registered nurse,
a school nurse, a public health provider, a public health officer or
administrator, a
representative
of a children's hospital, 2 representatives of immunization advocacy
organizations, a representative from the State Board of Education, a person
with expertise in bioterrorism issues, and any
other individuals or organization representatives designated by the
Director.
The Director
shall designate one of the Advisory Committee members to serve as the
Chairperson of the Advisory Committee.

(Source: P.A. 92-561, eff. 6-24-02.)

Structure Illinois Compiled Statutes