Illinois

Council on Domestic Relations
Model State Emergency
Health Powers Act


92_SB1529

 
                                              LRB9210982REsbB

 1        AN ACT concerning emergency health powers.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        ARTICLE 1. TITLE, FINDINGS, PURPOSES, AND DEFINITIONS

 5        Section  1-1.  Short  title. This Act may be cited as the
 6    Illinois Emergency Health Powers Act.

 7        Section 1-5. Legislative findings. The  General  Assembly
 8    finds that:
 9        (1)  The  government  must do more to protect the health,
10    safety, and general well being of our citizens.
11        (2)  New and emerging  dangers,  including  emergent  and
12    resurgent  infectious diseases and incidents of civilian mass
13    casualties, pose serious and immediate threats.
14        (3)  A  renewed  focus  on  the  prevention,   detection,
15    management,  and  containment of public health emergencies is
16    called for.
17        (4)  Emergency health threats, including those caused  by
18    bioterrorism   and   epidemics,   require   the  exercise  of
19    extraordinary government functions.
20        (5)  This State must have the ability to respond, rapidly
21    and  effectively,  to  potential  or  actual  public   health
22    emergencies.
23        (6)  The exercise of emergency health powers must promote
24    the common good.
25        (7)  Emergency  health  powers  must  be  grounded  in  a
26    thorough  scientific  understanding  of public health threats
27    and disease transmission.
28        (8)  Guided by principles of justice, it is the  duty  of
29    this  State  to  act  with  fairness  and  tolerance  towards
30    individuals and groups.
 
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 1        (9)  The  rights  of people to liberty, bodily integrity,
 2    and privacy must be respected to the fullest extent  possible
 3    consistent  with  the  overriding  importance of the public's
 4    health and security.
 5        (10)  This Act is necessary to  protect  the  health  and
 6    safety of the citizens of this State.

 7        Section  1-10.  Purposes. The purposes of this Act are to
 8    deal  with  public  health  emergencies   and   include   the
 9    following:
10        (1)  To authorize the collection of data and records, the
11    control of property, the management of persons, and access to
12    communications.
13        (2)  To  facilitate  the  early  detection  of  a  health
14    emergency,  and  to allow for immediate investigation of such
15    an  emergency  by  granting  access  to  individuals'  health
16    information under specified circumstances.
17        (3)  To grant State officials the authority  to  use  and
18    appropriate  property  as  necessary for the care, treatment,
19    and  housing  of  patients  and  for   the   destruction   of
20    contaminated materials.
21        (4)  To  grant  State  officials the authority to provide
22    care and treatment to persons who are ill or  who  have  been
23    exposed  to  infection,  and to separate affected individuals
24    from the population at large for the purpose of  interrupting
25    the transmission of infectious disease.
26        (5)  To  ensure  that  the  needs  of infected or exposed
27    persons will be addressed to  the  fullest  extent  possible,
28    given the primary goal of controlling serious health threats.
29        (6)  To  provide  State  officials  with  the  ability to
30    prevent, detect, manage, and contain emergency health threats
31    without unduly interfering with civil rights and liberties.
32        (7)  To require the development of a  comprehensive  plan
33    to  provide  for  a  coordinated, appropriate response in the
 
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 1    event of a public health emergency.

 2        Section 1-15. Definitions.
 3        (1)  "Bioterrorism"  is  the  intentional  use   of   any
 4    microorganism,  virus,  infectious  substance,  or biological
 5    product that may be engineered as a result of  biotechnology,
 6    or  any naturally occurring or bioengineered component of any
 7    such   microorganism,   virus,   infectious   substance,   or
 8    biological  product,  to  cause  death,  disease,  or   other
 9    biological  malfunction  in  a  human, an animal, a plant, or
10    another living organism in order to influence the conduct  of
11    government or to intimidate or coerce a civilian population.
12        (2)  "Chain of custody" means the methodology of tracking
13    specimens   for   the  purpose  of  maintaining  control  and
14    accountability from initial collection to  final  disposition
15    of  the  specimens  and  providing for accountability at each
16    stage  of  collecting,  handling,   testing,   storing,   and
17    transporting the specimens and reporting test results.
18        (3)  "Contagious  disease"  is an infectious disease that
19    can be transmitted from person to person, animal  to  person,
20    or insect to person.
21        (4)  "Health  care  facility"  means  all  or part of any
22    non-federal institution, building, or agency, whether  public
23    or  private (for-profit or nonprofit) that is used, operated,
24    or designed to provide health services, medical treatment, or
25    nursing, rehabilitative, or preventive care to any person  or
26    persons.  This  includes,  but  is not limited to: ambulatory
27    surgical facilities, health maintenance  organizations,  home
28    health    agencies,    hospices,    hospitals,   infirmaries,
29    intermediate  care  facilities,  kidney  treatment   centers,
30    long-term  care  facilities,  medical  assistance facilities,
31    mental health centers, outpatient facilities,  public  health
32    centers,  rehabilitation  facilities,  residential  treatment
33    facilities,  skilled  nursing  facilities, and adult day-care
 
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 1    centers. The term also includes, but is not limited  to,  the
 2    following  related  property  when  used for or in connection
 3    with  the  foregoing:  laboratories;   research   facilities;
 4    pharmacies; laundry facilities; health personnel training and
 5    lodging facilities; patient, guest, and health personnel food
 6    service  facilities;  and  offices  and  office buildings for
 7    persons engaged in health care professions or services.
 8        (5)  "Health care provider" means any  person  or  entity
 9    that provides health care services including, but not limited
10    to,  hospitals,  medical  clinics  and  offices, special care
11    facilities, medical  laboratories,  physicians,  pharmacists,
12    dentists,    physician   assistants,   nurse   practitioners,
13    registered and other nurses, paramedics, emergency medical or
14    laboratory technicians, and ambulance and  emergency  medical
15    workers.
16        (6)  "Infectious disease" is a disease caused by a living
17    organism.   An   infectious  disease  may,  or  may  not,  be
18    transmissible from person to person,  animal  to  person,  or
19    insect to person.
20        (7)  "Infectious waste" means:
21             (a)  "biological  waste",  which  includes blood and
22        blood   products,   excretions,   exudates,   secretions,
23        suctioning and other body  fluids,  and  waste  materials
24        saturated with blood or body fluids;
25             (b)  "cultures  and stocks", which include etiologic
26        agents and  associated  biologicals,  including  specimen
27        cultures   and  dishes  and  devices  used  to  transfer,
28        inoculate, and mix cultures, wastes  from  production  of
29        biologicals and serums, and discarded live and attenuated
30        vaccines;
31             (c)  "pathological  waste",  which  includes  biopsy
32        materials  and  all  human tissues, anatomical parts that
33        emanate from surgery, obstetrical procedures, autopsy and
34        laboratory procedures, and animal  carcasses  exposed  to
 
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 1        pathogens  in  research  and  the bedding and other waste
 2        from  those  animals,  but  does  not  include  teeth  or
 3        formaldehyde or other preservative agents; and
 4             (d)  "sharps", which include needles, IV tubing with
 5        needles attached, scalpel blades,  lancets,  glass  tubes
 6        that  could  be broken during handling, and syringes that
 7        have been removed from their original sterile containers.
 8        (8)  "Isolation" and  "quarantine"  mean  the  compulsory
 9    physical separation (including the restriction of movement or
10    confinement)  of  individuals or groups believed to have been
11    exposed to or known to have been infected with  a  contagious
12    disease  from  individuals  who are believed not to have been
13    exposed or  infected,  in  order  to  prevent  or  limit  the
14    transmission of the disease to others.
15        (9)  "Mental  health  support personnel" include, but are
16    not limited to, psychiatrists, psychologists, social workers,
17    and volunteer crisis counseling groups.
18        (10)  "Protected   health    information"    means    any
19    information,   whether  oral,  written,  electronic,  visual,
20    pictorial, physical, or any other form, that  relates  to  an
21    individual's  past,  present,  or  future  physical or mental
22    health  status,  condition,  treatment,   service,   products
23    purchased,  or  provision  of  care,  and  that  reveals  the
24    identity  of  the individual whose health care is the subject
25    of the information, or where there is a reasonable  basis  to
26    believe  that information could be used (either alone or with
27    other information that is, or should reasonably be  known  to
28    be,  available to predictable recipients of that information)
29    to reveal the identity of that individual.
30        (11)  "Public health authority" means the  Department  of
31    Public  Health  and, to the extent specifically authorized by
32    the  Department  of  Public  Health,  any  State   or   local
33    governmental entity or any private entity or person.
34        (12)  A  "public  health  emergency"  is an occurrence or
 
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 1    imminent threat of an illness or health condition, caused  by
 2    bioterrorism,  epidemic  or  pandemic disease, or a novel and
 3    highly fatal infectious agent or biological toxin, that poses
 4    a  substantial  risk  of  a  significant  number   of   human
 5    fatalities or incidents of permanent or long-term disability.
 6    These  illnesses  or  health  conditions include, but are not
 7    limited to, illnesses or health conditions resulting  from  a
 8    natural disaster.
 9        (13)  "Public  safety  authority" means the Department of
10    State Police and, to the extent  specifically  authorized  by
11    the   Department   of   State  Police,  any  State  or  local
12    governmental entity.
13        (14)  "Specimens" include, but are not limited to, blood,
14    sputum, urine, stool, other bodily fluids,  wastes,  tissues,
15    and cultures necessary to perform required tests.
16        (15)  "Tests"  include,  but  are  not  limited  to,  any
17    diagnostic or investigative analyses necessary to prevent the
18    spread of disease or protect the public's health, safety, and
19    welfare.

20        ARTICLE 5. MEASURES TO DETECT AND TRACK POTENTIAL AND
21                 EXISTING PUBLIC HEALTH EMERGENCIES

22        Section 5-5. Reporting.
23        (1)  Illness or health condition. A health care provider,
24    coroner,  or  medical  examiner  shall  report  all  cases of
25    persons who harbor any illness or health condition  that  may
26    be  caused  by bioterrorism, epidemic or pandemic disease, or
27    novel and highly fatal infectious agents or biological toxins
28    and might pose a substantial risk of a significant number  of
29    human  fatalities  or  incidents  of  permanent  or long-term
30    disability.  Reportable  illnesses  and   health   conditions
31    include,  but  are not limited to, the diseases caused by the
32    biological agents listed in 42  C.F.R.  Section  72,  App.  A
 
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 1    (2000)  and  any illnesses or health conditions identified by
 2    the public health authority as potential causes of  a  public
 3    health emergency.
 4        (2)  Pharmacists.    In   addition   to   the   foregoing
 5    requirements for health care  providers,  a  pharmacist  must
 6    report  any  unusual or increased prescription rates, unusual
 7    types of prescriptions, or unusual trends in pharmacy  visits
 8    that  may  be  caused  by  bioterrorism, epidemic or pandemic
 9    disease, or novel  and  highly  fatal  infectious  agents  or
10    biological  toxins  and  might  pose  a substantial risk of a
11    significant  number  of  human  fatalities  or  incidents  of
12    permanent  or  long-term   disability.   Prescription-related
13    events that require a report include, but are not limited to:
14             (a)  an   unusual   increase   in   the   number  of
15        prescriptions   to   treat   fever,    respiratory,    or
16        gastrointestinal complaints;
17             (b)  an   unusual   increase   in   the   number  of
18        prescriptions for antibiotics;
19             (c)  an unusual increase in the number  of  requests
20        for  information  on  over-the-counter pharmaceuticals to
21        treat fever, respiratory, or gastrointestinal complaints;
22        and
23             (d)  any prescription that treats a disease that  is
24        relatively uncommon and has bioterrorism potential.
25        (3)  Manner  of  reporting.  The  report  must be made in
26    writing within 24 hours to the public health  authority.  The
27    report  must  include as much of the following information as
28    is available: the patient's name, date of birth,  sex,  race,
29    and current address (including city and county); the name and
30    address  of  the  health  care  provider, coroner, or medical
31    examiner and of the reporting individual, if  different;  and
32    any  other  information  needed  to  locate  the  patient for
33    follow-up. For cases related to animal or insect  bites,  the
34    suspected  locating  information  of  the  biting  animal  or
 
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 1    insect,  and the name and address of any known owner, must be
 2    reported.
 3        (4)  Animal  diseases.  Every   veterinarian,   livestock
 4    owner,  veterinary  diagnostic  laboratory director, or other
 5    person having the care of animals must report animals  having
 6    or  suspected  of  having  any  disease that may be caused by
 7    bioterrorism, epidemic or  pandemic  disease,  or  novel  and
 8    highly fatal infectious agents or biological toxins and might
 9    pose  a substantial risk of a significant number of human and
10    animal fatalities or  incidents  of  permanent  or  long-term
11    disability.  The  report  must  be  made in writing within 24
12    hours to the public health authority and must include as much
13    of the following information as is available:  the  suspected
14    locating  information  of the animal, the name and address of
15    any known owner, and the name and address  of  the  reporting
16    individual.
17        (5)  Laboratories.  For the purposes of this Section, the
18    definition of "health care  provider"  includes  out-of-state
19    medical  laboratories  that  have  agreed  to  the  reporting
20    requirements  of  this State. Results must be reported by the
21    laboratory that performs the test, but an in-state laboratory
22    that sends specimens to an out-of-state  laboratory  is  also
23    responsible for reporting results.
24        (6)  Enforcement. The public health authority may enforce
25    the  provisions  of  this Section in accordance with existing
26    enforcement rules and regulations.

27        Section 5-10. Tracking. The public health authority shall
28    ascertain the existence of cases  of  an  illness  or  health
29    condition,  caused  by  bioterrorism,  epidemic  or  pandemic
30    disease,  or  a  novel  and  highly fatal infectious agent or
31    biological  toxin,  that  poses  a  substantial  risk  of   a
32    significant  number  of  human  fatalities  or  incidents  of
33    permanent or long-term disability; investigate all such cases
 
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 1    for  sources of infection and to ensure that they are subject
 2    to proper control measures; and define  the  distribution  of
 3    the illness or health condition. To fulfill these duties, the
 4    public health authority shall identify exposed individuals as
 5    follows:
 6        (1)  Identification of individuals. Acting on information
 7    developed  in  accordance with Section 5-5, or other reliable
 8    information, the public health authority shall  identify  all
 9    individuals  thought  to  have  been exposed to an illness or
10    health  condition,  caused  by  bioterrorism,   epidemic   or
11    pandemic disease, or novel and highly fatal infectious agents
12    or  biological  toxins,  that  poses  a substantial risk of a
13    significant  number  of  human  fatalities  or  incidents  of
14    permanent or long-term disability.
15        (2)  Interviewing  of  individuals.  The  public   health
16    authority  shall  counsel  and interview those individuals as
17    appropriate to  assist  in  the  positive  identification  of
18    exposed  individuals  and develop information relating to the
19    source and spread of the illness or  health  condition.  That
20    information   includes   the   name  and  address  (including
21    municipality and county) of any person from whom the  illness
22    or  health condition may have been contracted and to whom the
23    illness or health condition may have spread.
24        (3)  Examination of facilities or materials.  The  public
25    health  authority  shall,  for  examination  purposes, close,
26    evacuate, or decontaminate any facility or  decontaminate  or
27    destroy  any  material when the authority reasonably suspects
28    that the facility or material may endanger the public health.
29        (4)  Enforcement. An order of the public health authority
30    given to effectuate the purposes of  this  Section  shall  be
31    enforceable immediately by the public safety authority.

32        Section 5-15. Information sharing.
33        (1)  Whenever  the  public  safety  authority learns of a
 
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 1    case of a reportable illness or health condition, an  unusual
 2    cluster,  or  a suspicious event, it shall immediately notify
 3    the public health authority.
 4        (2)  Whenever the public health  authority  learns  of  a
 5    case  of a reportable illness or health condition, an unusual
 6    cluster, or a suspicious event that  it  reasonably  believes
 7    has  the  potential  to  be  caused  by bioterrorism, it must
 8    immediately notify the appropriate public  safety  authority,
 9    tribal  authorities,  and  federal  health  and public safety
10    authorities.
11        (3)  Sharing  of  information  on  reportable  illnesses,
12    health conditions, unusual  clusters,  or  suspicious  events
13    between   authorized   personnel   shall   be  restricted  to
14    information   necessary   for   the    treatment,    control,
15    investigation, and prevention of a public health emergency.

16       ARTICLE 10. DECLARING STATE OF PUBLIC HEALTH EMERGENCY

17        Section  10-5.  Standards  for  declaration.  A  state of
18    public health emergency shall be declared by the Governor  if
19    the  Governor  finds  an  occurrence or imminent threat of an
20    illness or health condition, caused by bioterrorism, epidemic
21    or pandemic disease, or novel  and  highly  fatal  infectious
22    agents or biological toxins, that poses a substantial risk of
23    a  significant  number  of  human  fatalities or incidents of
24    permanent or long-term disability. To make  such  a  finding,
25    the  Governor  shall consult with the public health authority
26    and may consult with any public health and other  experts  as
27    needed.  Nothing  in the duty of the Governor to consult with
28    the public health authority or the discretion to consult with
29    public health or other experts shall be  construed  to  limit
30    the  Governor's  authority  to  act without that consultation
31    when the situation calls for prompt and timely action.
 
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 1        Section 10-10. Procedures for declaration. The  state  of
 2    public  health  emergency  shall  be declared by an executive
 3    order  that  indicates  the  nature  of  the  public   health
 4    emergency,  the  areas that are or may be threatened, and the
 5    conditions  that  have  brought  about  the   public   health
 6    emergency.

 7        Section  10-15. Effect of declaration. The declaration of
 8    a  state  of  public  health  emergency  shall  activate  the
 9    disaster response and recovery aspects of the  State,  local,
10    and  inter-jurisdictional  disaster  emergency  plans  in the
11    affected political subdivisions  or  areas.  The  declaration
12    authorizes  the deployment and use of any forces to which the
13    plans apply and the use  or  distribution  of  any  supplies,
14    equipment,    and   materials   and   facilities   assembled,
15    stockpiled, or arranged to be made available under this Act.
16        (1)  Emergency powers. During a state  of  public  health
17    emergency, the Governor may:
18             (a)  Suspend   the   provisions  of  any  regulatory
19        statute  prescribing  procedures  for  conducting   State
20        business,  or  the  orders, rules, and regulations of any
21        State agency, if strict compliance would prevent, hinder,
22        or delay necessary action (including emergency purchases)
23        by the public health authority to respond to  the  public
24        health  emergency  and  increase the health threat to the
25        population.
26             (b)  Use  all  available  resources  of  the   State
27        government  and its political subdivisions, as reasonably
28        necessary to respond to the public health emergency.
29             (c)  Transfer the direction, personnel, or functions
30        of  State  departments  and  agencies   to   perform   or
31        facilitate  response  and recovery programs regarding the
32        public health emergency.
33             (d)  Mobilize  all  or  any  part  of  the  Illinois
 
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 1        National Guard  into  service  of  the  State.  An  order
 2        directing  the  Illinois  National  Guard  to  report for
 3        active duty shall state  the  purpose  for  which  it  is
 4        mobilized and the objectives to be accomplished.
 5             (e)  Provide  aid  to and seek aid from other states
 6        in accordance with any interstate emergency compact  made
 7        with this State.
 8        (2)  Coordination.  The  public  health  authority  shall
 9    coordinate  all  matters  pertaining  to  the  public  health
10    emergency  response of the State. The public health authority
11    has primary jurisdiction, responsibility, and authority for:
12             (a)  Planning and executing public health  emergency
13        assessment,   mitigation,   preparedness   response,  and
14        recovery for the State.
15             (b)  Coordinating public health  emergency  response
16        between State and local authorities.
17             (c)  Collaborating  with relevant federal government
18        authorities, elected officials of other  states,  private
19        organizations, or private sector companies.
20             (d)  Coordinating recovery operations and mitigation
21        initiatives subsequent to public health emergencies.
22             (e)  Organizing    public   information   activities
23        regarding  State   public   health   emergency   response
24        operations.
25        (3)  Identification.  After the declaration of a state of
26    public  health  emergency,  special  identification  for  all
27    public health personnel working during the emergency shall be
28    issued as soon as possible. The identification shall indicate
29    the  authority  of  the  bearer  to  exercise  public  health
30    functions and emergency powers during  the  state  of  public
31    health  emergency.  Public  health  personnel  shall wear the
32    identification in plain view.

33        Section 10-20. Enforcement.  During  a  state  of  public
 
                            -13-              LRB9210982REsbB
 1    health  emergency,  the  public  health authority may request
 2    assistance in enforcing orders under this Act from the public
 3    safety authority. The public  safety  authority  may  request
 4    assistance  from the Illinois National Guard in enforcing the
 5    orders of the public health authority.

 6        Section 10-25. Termination of declaration.
 7        (1)  Executive order. The Governor  shall  terminate  the
 8    state  of  public  health  emergency  by executive order upon
 9    finding that the occurrence of an illness or health condition
10    caused by bioterrorism,  epidemic  or  pandemic  disease,  or
11    novel and highly fatal infectious agents or biological toxins
12    no longer poses a substantial risk of a significant number of
13    human  fatalities  or  incidents  of  permanent  or long-term
14    disability or that the imminent threat of such an  occurrence
15    has passed.
16        (2)  Automatic  termination.  Notwithstanding  any  other
17    provision  of  this  Act,  a state of public health emergency
18    shall  be  terminated  automatically  30   days   after   its
19    declaration  unless  renewed  by  the Governor under the same
20    standards and procedures set forth  in  this  Article  for  a
21    declaration  of  a state of public health emergency. Any such
22    renewal shall also be terminated automatically after 30  days
23    unless  renewed  by the Governor under the same standards and
24    procedures set forth in this Article for a declaration  of  a
25    state of public health emergency.
26        (3)  State  legislature.  By  a  two-thirds  vote of both
27    chambers, the General  Assembly  may  terminate  a  state  of
28    public  health  emergency  after  60  days  from  the date of
29    original declaration upon finding that the occurrence  of  an
30    illness  or health condition caused by bioterrorism, epidemic
31    or pandemic disease, or novel  and  highly  fatal  infectious
32    agents  or  biological  toxins  no longer poses a substantial
33    risk of a significant number of human fatalities or incidents
 
                            -14-              LRB9210982REsbB
 1    of permanent or long-term disability  or  that  the  imminent
 2    threat  of  such an occurrence has passed. Termination by the
 3    General Assembly overrides any renewal by the Governor.
 4        (4)  Content of termination order. All orders terminating
 5    a state of public health emergency shall indicate the  nature
 6    of  the  emergency,  the  areas that were threatened, and the
 7    conditions that make possible the termination of the state of
 8    public health emergency.

 9          ARTICLE 15. SPECIAL POWERS DURING STATE OF PUBLIC
10                HEALTH EMERGENCY; CONTROL OF PROPERTY

11        Section 15-5.  Emergency  measures  concerning  dangerous
12    facilities  and  materials.  The  public health authority may
13    exercise, for such period  as  the  state  of  public  health
14    emergency   exists,   the  following  powers  over  dangerous
15    facilities or materials:
16        (1)  Facilities.  To  close,  direct   and   compel   the
17    evacuation   of,   or   to   decontaminate  or  cause  to  be
18    decontaminated any facility  of  which  there  is  reasonable
19    cause to believe that it may endanger the public health.
20        (2)  Materials.   To   decontaminate   or   cause  to  be
21    decontaminated, or destroy any material  of  which  there  is
22    reasonable  cause  to believe that it may endanger the public
23    health.

24        Section 15-10. Access to and control  of  facilities  and
25    property;   generally.   The   public  health  authority  may
26    exercise, for such period  as  the  state  of  public  health
27    emergency exists, the following powers concerning facilities,
28    materials, roads, or public areas:
29        (1)  Use  of  facilities  and  materials.  To procure, by
30    condemnation (including quick-take under Article VII  of  the
31    Code  of  Civil  Procedure)  or  otherwise, construct, lease,
 
                            -15-              LRB9210982REsbB
 1    transport, store, maintain, renovate, or distribute materials
 2    and  facilities  as  may  be  reasonable  and  necessary  for
 3    emergency  response,  with  the  right  to   take   immediate
 4    possession.  These  materials and facilities include, but are
 5    not limited to, communication devices, carriers, real estate,
 6    fuels, food, clothing, and health care facilities.
 7        (2)  Use of health care facilities. To  compel  a  health
 8    care  facility to provide services or the use of its facility
 9    if those services or use are  reasonable  and  necessary  for
10    emergency  response.  The use of the health care facility may
11    include transferring the management and  supervision  of  the
12    health  care  facility  to  the public health authority for a
13    limited or unlimited period of time, but shall not exceed the
14    termination of the state of public health emergency.
15        (3)  Control of  materials.  To  control,  restrict,  and
16    regulate  by  rationing  and  using  quotas,  prohibitions on
17    shipments, price fixing, allocation, or other means, the use,
18    sale, dispensing, distribution, or  transportation  of  food,
19    fuel,  clothing  and  other commodities, alcoholic beverages,
20    firearms, explosives, and combustibles, as may be  reasonable
21    and necessary for emergency response.
22        (4)  Control of roads and public areas.
23             (a)  To  prescribe  routes, modes of transportation,
24        and destinations in connection with evacuation of persons
25        or the provision of emergency services.
26             (b)  To control ingress and egress to and  from  any
27        stricken  or  threatened  public  area,  the  movement of
28        persons within the area, and the occupancy of premises in
29        that area, if that action is reasonable and necessary for
30        emergency response.

31        Section 15-15. Safe disposal  of  infectious  waste.  The
32    public  health authority may exercise, for such period as the
33    state of public health emergency exists, the following powers
 
                            -16-              LRB9210982REsbB
 1    regarding the safe disposal of infectious waste:
 2        (1)  Adopt measures. To adopt  and  enforce  measures  to
 3    provide  for  the safe disposal of infectious waste as may be
 4    reasonable  and  necessary  for  emergency  response.   These
 5    measures may include, but are not limited to, the collection,
 6    storage,  handling,  destruction,  treatment, transportation,
 7    and disposal of infectious waste.
 8        (2)  Control of facilities. To  compel  any  business  or
 9    facility  authorized  to  collect,  store,  handle,  destroy,
10    treat,  transport,  and dispose of infectious waste under the
11    laws of this State, and any landfill business or  other  such
12    property,  to accept infectious waste, or provide services or
13    the use of the business, facility, or property if that action
14    is reasonable and necessary for emergency response.  The  use
15    of   the   business,   facility,   or  property  may  include
16    transferring the management and supervision of the  business,
17    facility,  or  property  to the public health authority for a
18    limited or unlimited period of time, but shall not exceed the
19    termination of the state of public health emergency.
20        (3)  Use  of  facilities.  To  procure,  by  condemnation
21    (including quick-take under Article VII of the Code of  Civil
22    Procedure)  or otherwise, any business or facility authorized
23    to collect, store, handle,  destroy,  treat,  transport,  and
24    dispose  of infectious waste under the laws of this State and
25    any landfill business or other property as may be  reasonable
26    and  necessary for emergency response, with the right to take
27    immediate possession.
28        (4)  Identification. All bags, boxes, or other containers
29    for  infectious  waste  shall  be   clearly   identified   as
30    containing infectious waste.

31        Section  15-20.  Safe  disposal  of  corpses.  The public
32    health authority may exercise, for such period as  the  state
33    of  public  health  emergency  exists,  the  following powers
 
                            -17-              LRB9210982REsbB
 1    regarding the safe disposal of corpses:
 2        (1)  Adopt measures. To adopt  and  enforce  measures  to
 3    provide for the safe disposal of corpses as may be reasonable
 4    and  necessary  for  emergency  response.  These measures may
 5    include, but are  not  limited  to,  the  embalming,  burial,
 6    cremation,   interment,   disinterment,  transportation,  and
 7    disposal of corpses.
 8        (2)  Possession. To take possession  or  control  of  any
 9    corpse.
10        (3)  Disposal.  To  order the disposal of any corpse of a
11    person who has died of an infectious disease  through  burial
12    or cremation within 24 hours after death.
13        (4)  Control  of  facilities.  To  compel any business or
14    facility  authorized  to  embalm,   bury,   cremate,   inter,
15    disinter, transport, and dispose of corpses under the laws of
16    this  State  to  accept  any corpse or provide the use of its
17    business or facility if  those  actions  are  reasonable  and
18    necessary  for emergency response. The use of the business or
19    facility  may  include  transferring   the   management   and
20    supervision  of the business or facility to the public health
21    authority for a limited or  unlimited  period  of  time,  but
22    shall  not  exceed  the  termination  of  the state of public
23    health emergency.
24        (5)  Use  of  facilities.  To  procure,  by  condemnation
25    (including quick-take under Article VII of the Code of  Civil
26    Procedure)  or otherwise, any business or facility authorized
27    to embalm, bury, cremate,  inter,  disinter,  transport,  and
28    dispose  of  corpses  under  the laws of this State as may be
29    reasonable and necessary for  emergency  response,  with  the
30    right to take immediate possession.
31        (6)  Labeling.  Every  corpse  prior to disposal shall be
32    clearly labeled with all available  information  to  identify
33    the  decedent and the circumstances of death. Any corpse of a
34    deceased person with an  infectious  disease  shall  have  an
 
                            -18-              LRB9210982REsbB
 1    external,  clearly  visible tag indicating that the corpse is
 2    infected and, if known, the infectious disease.
 3        (7)  Identification. Every person in charge of  disposing
 4    of  any corpse shall maintain a written record of each corpse
 5    and all available information to identify  the  decedent  and
 6    the  circumstances  of death and disposal. If a corpse cannot
 7    be identified, before disposal a qualified person  shall,  to
 8    the  extent  possible,  take  fingerprints  and  one  or more
 9    photographs of the corpse, and collect a  DNA  specimen.  All
10    information  gathered  under this paragraph shall be promptly
11    forwarded to the public health authority.

12        Section 15-25. Control of health care supplies.
13        (1)  Procurement.  The  public   health   authority   may
14    purchase   and   distribute  anti-toxins,  serums,  vaccines,
15    immunizing  agents,  antibiotics,  and  other  pharmaceutical
16    agents or medical supplies that it  deems  advisable  in  the
17    interest  of  preparing  for  or  controlling a public health
18    emergency, without any additional legislative authorization.
19        (2)  Rationing. If a state  of  public  health  emergency
20    results  in  a  statewide  or regional shortage or threatened
21    shortage of any product covered by item (1)  whether  or  not
22    that   product  has  been  purchased  by  the  public  health
23    authority, the public health authority may control, restrict,
24    and regulate by rationing and using quotas,  prohibitions  on
25    shipments,  price fixing, allocation or other means, the use,
26    sale, dispensing,  distribution,  or  transportation  of  the
27    relevant product necessary to protect the health, safety, and
28    welfare  of  the  people of the State. In making rationing or
29    other supply and distribution decisions,  the  public  health
30    authority  may  give  preference  to  health  care providers,
31    disaster response personnel, and mortuary staff.
32        (3)  Distribution.  During  a  state  of  public   health
33    emergency, the public health authority may procure, store, or
 
                            -19-              LRB9210982REsbB
 1    distribute  any  anti-toxins,  serums,  vaccines,  immunizing
 2    agents,  antibiotics,  and  other  pharmaceutical  agents  or
 3    medical   supplies   located  within  the  State  as  may  be
 4    reasonable and necessary for  emergency  response,  with  the
 5    right  to  take  immediate  possession.  If  a  public health
 6    emergency simultaneously affects more than one state, nothing
 7    in this Section shall be construed to allow the public health
 8    authority to obtain anti-toxins, serums, vaccines, immunizing
 9    agents,  antibiotics,  and  other  pharmaceutical  agents  or
10    medical supplies for the primary purpose  of  hoarding  those
11    items  or  preventing  their  fair and equitable distribution
12    among affected states.

13        Section 15-30. Compensation. The  State  shall  pay  just
14    compensation to the owner of any facilities or materials that
15    are  lawfully  taken  or  appropriated  by  a  public  health
16    authority  for  its  temporary  or  permanent  use under this
17    Article according to the procedures and standards  set  forth
18    in  Section  35-25.  Compensation  shall  not be provided for
19    facilities  or  materials   that   are   closed,   evacuated,
20    decontaminated,  or  destroyed when there is reasonable cause
21    to believe that they may endanger the public health  pursuant
22    to Section 15-5.

23        Section  15-35.  Destruction  of  property. To the extent
24    practical  and  consistent  with  the  protection  of  public
25    health, before the destruction of  any  property  under  this
26    Article,   the   public   health  authority  shall  institute
27    appropriate civil proceedings  against  the  property  to  be
28    destroyed  in  accordance with the existing laws and rules of
29    the courts of this State  or  any  such  rules  that  may  be
30    developed  by  the  courts  for  use during a state of public
31    health emergency. Any property acquired by the public  health
32    authority through those proceedings shall, after entry of the
 
                            -20-              LRB9210982REsbB
 1    decree,  be  disposed  of  by  destruction  as  the court may
 2    direct.

 3          ARTICLE 20. SPECIAL POWERS DURING STATE OF PUBLIC
 4                HEALTH EMERGENCY; CONTROL OF PERSONS

 5        Section 20-5. Control of individuals. During a  state  of
 6    public  health  emergency,  the public health authority shall
 7    use every available means  to  prevent  the  transmission  of
 8    infectious disease and to ensure that all cases of infectious
 9    disease are subject to proper control and treatment.

10        Section 20-10. Mandatory medical examinations. The public
11    health  authority  may exercise, for such period as the state
12    of public health emergency exists,  the  following  emergency
13    powers over persons:
14        (1)  Individual  examination  or  testing.  To  compel  a
15    person  to submit to a physical examination, testing, or both
16    as necessary to diagnose or treat the person.
17             (a)  The medical  examination  and  testing  may  be
18        performed  by  any  qualified  person  authorized  by the
19        public health authority.
20             (b)  The medical examination and testing must not be
21        reasonably likely  to  result  in  serious  harm  to  the
22        affected individual.
23             (c)  The  medical  examination  and testing shall be
24        performed immediately upon the order of the public health
25        authority without resort to  judicial  or  quasi-judicial
26        authority.
27             (d)  Any  person  who knowingly refuses to submit to
28        the medical examination or  testing  commits  a  Class  A
29        misdemeanor.  If the public health authority is uncertain
30        whether  a  person  who  refuses   to   undergo   medical
31        examination  or  testing  may  have  been  exposed  to an
 
                            -21-              LRB9210982REsbB
 1        infectious disease or otherwise poses a danger to  public
 2        health,  the  public  health  authority  may  subject the
 3        individual to isolation or quarantine as provided in this
 4        Article.
 5        (2)  Health care  provider  assistance.  To  require  any
 6    physician  or  other  health  care  provider  to  perform the
 7    medical  examination,  testing,  or  both.  Any  person   who
 8    knowingly  refuses to perform the medical examination or test
 9    commits a Class A misdemeanor.
10        (3)  Enforcement. An order of the public health authority
11    given  to  effectuate  the  purposes  of  this   Section   is
12    immediately enforceable by any peace officer.

13        Section 20-15. Isolation and quarantine.
14        (1)  State  policy  and  powers.  It is the policy of the
15    State that the individual dignity of any person  isolated  or
16    quarantined  during  a state of public health emergency shall
17    be respected at all times and upon all occasions.  The  needs
18    of  persons  isolated  or quarantined shall be addressed in a
19    systematic and competent fashion. To the extent possible, the
20    premises in which persons are isolated or  quarantined  shall
21    be  maintained  in  safe and hygienic manners and designed to
22    minimize the likelihood of further transmission of  infection
23    or  other harm to persons subject to isolation or quarantine.
24    Adequate food, clothing, medication,  and  other  necessities
25    and competent medical care shall be provided. Consistent with
26    this  policy,  the  public health authority may exercise, for
27    such period as the state of public health  emergency  exists,
28    the following emergency powers over persons:
29             (a)  To  establish  and maintain places of isolation
30        and quarantine.
31             (b)  To  require  isolation  or  quarantine  of  any
32        person  by  the  least  restrictive  means  necessary  to
33        protect the public health. All reasonable means shall  be
 
                            -22-              LRB9210982REsbB
 1        taken  to prevent the transmission of infection among the
 2        isolated or quarantined individuals.
 3        (2)  Individual  cooperation.   A   person   subject   to
 4    isolation   or   quarantine  shall  obey  the  public  health
 5    authority's  rules  and  orders,  shall  not  go  beyond  the
 6    isolation or quarantine premises, and shall not  put  himself
 7    or  herself  in  contact  with  any  person  not  subject  to
 8    isolation  or  quarantine  other  than  a  physician or other
 9    health care provider,  public  health  authority,  or  person
10    authorized  to  enter  an isolation or quarantine premises by
11    the public health authority. A person who knowingly fails  to
12    obey these provisions commits a Class A misdemeanor.
13        (3)  Unauthorized  entry.  No person, other than a person
14    authorized by the public health  authority,  shall  enter  an
15    isolation  or  quarantine  premises.  If any person knowingly
16    enters an isolation or quarantine premises without permission
17    of the public health authority, that person commits a Class A
18    misdemeanor. If, by reason of an unauthorized entry  into  an
19    isolation  or  quarantine premises, the person poses a danger
20    to public health, he or she may be subject  to  isolation  or
21    quarantine pursuant to the provisions of this Article.
22        (4)  Termination.  Isolation  or quarantine of any person
23    shall  be  terminated  when  the  public   health   authority
24    determines that the isolation or quarantine of that person is
25    no longer necessary to protect the public health.
26        (5)  Due process.
27             (a)  Before  isolating or quarantining a person, the
28        public health authority shall obtain a written, ex  parte
29        order from a court of this state authorizing that action.
30        The  court  shall  grant  the  order  upon  finding  that
31        probable  cause exists to believe isolation or quarantine
32        is warranted under the provisions of this Act. A copy  of
33        the  authorizing  order  shall  be  given  to  the person
34        isolated or quarantined, along with notification that the
 
                            -23-              LRB9210982REsbB
 1        person has a right to a hearing under this Section.
 2             (b)  Notwithstanding the preceding subparagraph (a),
 3        the public health authority may isolate or  quarantine  a
 4        person  without first obtaining a written, ex parte order
 5        from  the  court  if  any  delay  in  the  isolation   or
 6        quarantine  of  the person would pose an immediate threat
 7        to  the  public  health.  Following  the   isolation   or
 8        quarantine,  the  public  health authority shall promptly
 9        obtain  a  written,  ex  parte  order  from   the   court
10        authorizing the isolation or quarantine.
11             (c)  A  person  isolated  or  quarantined  under the
12        provisions of subparagraphs (a) or (b) has the right to a
13        court hearing to contest  the  ex  parte  order.  If  the
14        person  or  his or her representative requests a hearing,
15        the hearing shall be held within 72 hours  after  receipt
16        of  the  request, excluding Saturdays, Sundays, and legal
17        holidays. The request must be in writing. A request for a
18        hearing  shall  not  stay  the  order  of  isolation   or
19        quarantine.  At  the hearing, the public health authority
20        must show that the isolation or quarantine  is  warranted
21        under this Section.
22             (d)  On  or after 30 days following a hearing on the
23        ex parte order or such hearing as is provided for in this
24        subparagraph, a person isolated or  quarantined  pursuant
25        to this Section may request in writing a court hearing to
26        contest his or her continued isolation or quarantine. The
27        hearing  shall  be  held within 72 hours after receipt of
28        the request,  excluding  Saturdays,  Sundays,  and  legal
29        holidays.  A  request  for  a hearing shall not alter the
30        order of isolation or quarantine.  At  the  hearing,  the
31        public  health  authority  must show that continuation of
32        the isolation  or  quarantine  is  warranted  under  this
33        Section.
34             (e)  A  person  isolated  or  quarantined under this
 
                            -24-              LRB9210982REsbB
 1        Section may request a hearing in the courts of this State
 2        for remedies regarding his or her treatment and the terms
 3        and conditions  of  the  quarantine  or  isolation.  Upon
 4        receiving  a request for either type of hearing described
 5        in this subparagraph, the court shall fix a  date  for  a
 6        hearing.  The  hearing  shall  take  place within 10 days
 7        after the receipt  of  the  request  by  the  court.  The
 8        request  for  a  hearing  shall  not  alter  the order of
 9        isolation or quarantine.
10             (f)  If, upon a hearing, the court  finds  that  the
11        isolation   or   quarantine  of  the  individual  is  not
12        warranted under the provisions of this Section, then  the
13        person shall be released from isolation or quarantine. If
14        the  court  finds that the isolation or quarantine of the
15        individual is not in compliance with this Act, the  court
16        may    then   fashion   remedies   appropriate   to   the
17        circumstances of the state of public health emergency and
18        in keeping with the provisions of this Act.
19             (g)  Judicial decisions shall be  based  upon  clear
20        and  convincing  evidence,  and  a  written record of the
21        disposition of the case shall be made and  retained.  The
22        petitioner  has the right to be represented by counsel or
23        other lawful representative.  The  manner  in  which  the
24        request for a hearing is filed and acted upon shall be in
25        accordance with the existing laws and rules of the courts
26        of this State or any such rules that are developed by the
27        courts for use during a state of public health emergency.

28        Section  20-20.  Vaccination  and  treatment.  The public
29    health authority may exercise, for such period as  the  state
30    of  public  health  emergency exists, the following emergency
31    powers over persons:
32        (1)  In general. To compel a person to be  vaccinated  or
33    treated for an infectious disease.
 
                            -25-              LRB9210982REsbB
 1             (a)  Vaccination  may  be performed by any qualified
 2        person authorized by the public health authority.
 3             (b)  The vaccine shall not be given  if  the  public
 4        health  authority  has  reason  to know that a particular
 5        individual is likely to suffer from serious harm from the
 6        vaccination.
 7             (c)  Treatment may be  performed  by  any  qualified
 8        person authorized by the public health authority.
 9             (d)  Treatment  must  not  be  such as is reasonably
10        likely  to  lead  to  serious  harm   to   the   affected
11        individual.
12        (2)  Refusal.  A  person  who  knowingly  refuses  to  be
13    vaccinated  or  treated commits a Class A misdemeanor. If, by
14    reason of refusal of vaccination  or  treatment,  the  person
15    poses a danger to the public health, he or she may be subject
16    to isolation or quarantine pursuant to the provisions of this
17    Article.
18        (3)  Enforcement. An order of the public health authority
19    given   to   effectuate  the  purposes  of  this  Section  is
20    immediately enforceable by any peace officer.

21        Section  20-25.  Collection  of   laboratory   specimens;
22    performance  of  tests.  The public health authority may, for
23    such period as the state of public health  emergency  exists,
24    collect  specimens and perform tests on any person or animal,
25    living or deceased,  and  acquire  any  previously  collected
26    specimens  or  test results that are reasonable and necessary
27    for emergency response.
28        (1)  Marking. All specimens shall be clearly marked.
29        (2)  Contamination.   Specimen   collection,    handling,
30    storage, and transport to the testing site shall be performed
31    in   a   manner   that   will  reasonably  preclude  specimen
32    contamination  or  adulteration  and  provide  for  the  safe
33    collection, storage, handling, and transport of the specimen.
 
                            -26-              LRB9210982REsbB
 1        (3)  Chain of custody. Any person authorized  to  collect
 2    specimens  or  perform  tests  shall  use  chain  of  custody
 3    procedures   to   ensure  proper  record  keeping,  handling,
 4    labeling, and identification of specimens to be tested.  This
 5    requirement  applies  to  all  specimens, including specimens
 6    collected using on-site testing kits.
 7        (4)  Criminal investigation. Recognizing that,  during  a
 8    state  of  public health emergency, any specimen collected or
 9    test performed may be evidence in a  criminal  investigation,
10    any  business,  facility,  or  agency  authorized  to collect
11    specimens or perform tests shall provide such support  as  is
12    reasonable  and  necessary  to  aid  in  a  relevant criminal
13    investigation.

14        Section 20-30. Access and disclosure of patient records.
15        (1)  Access  to  patient  records.  Access  to  protected
16    health  information  of   patients   under   the   isolation,
17    quarantine,  or  care of the public health authority shall be
18    limited to those persons having a legitimate need to  acquire
19    or use the information for purposes of providing treatment or
20    care  to  the  individual  who  is  the subject of the health
21    information,   conducting    epidemiologic    research,    or
22    investigating the causes of transmission.
23        (2)  Disclosure  of  patient  records.  Protected  health
24    information  held by the public health authority shall not be
25    disclosed to  others  without  individual  specific  informed
26    consent, except for disclosures made:
27             (a)  directly to the individual;
28             (b)  to the individual's immediate family members or
29        life partners;
30             (c)  to appropriate federal agencies or authorities;
31             (d)  to   health  care  personnel  where  needed  to
32        protect the health or life of the individual who  is  the
33        subject of the information;
 
                            -27-              LRB9210982REsbB
 1             (e)  pursuant to a court order or executive order of
 2        the  Governor to avert a clear danger to an individual or
 3        the public health; or
 4             (f)  to identify a deceased individual or  determine
 5        the manner or cause of death.

 6        Section   20-35.  Licensing  and  appointment  of  health
 7    personnel. The public health authority may exercise, for such
 8    period as the state of public health  emergency  exists,  the
 9    following  emergency  powers  regarding  licensing  of health
10    personnel:
11        (1)  Health care providers from other  jurisdictions.  To
12    appoint   and  prescribe  the  duties  of  such  out-of-state
13    emergency health care providers  as  may  be  reasonable  and
14    necessary for emergency response.
15             (a)  The   appointment   of  out-of-state  emergency
16        health care providers under this Section  may  be  for  a
17        limited  or  unlimited  time,  but  shall  not exceed the
18        termination of the state of public health emergency.  The
19        public  health  authority  may terminate the out-of-state
20        appointments at  any  time  or  for  any  reason  if  the
21        termination  will  not jeopardize the health, safety, and
22        welfare of the people of this State.
23             (b)  The public health authority may  waive  any  or
24        all  licensing requirements, permits, or fees required by
25        State  statutes  and   applicable   orders,   rules,   or
26        regulations   for   health   care  providers  from  other
27        jurisdictions to practice in this State.
28             (c)  Any out-of-state emergency health care provider
29        appointed under this Section shall not be held liable for
30        any  civil  damages  as  a  result  of  medical  care  or
31        treatment related to the emergency  response  unless  the
32        damages  result  from  providing,  or failing to provide,
33        medical   care   or   treatment    under    circumstances
 
                            -28-              LRB9210982REsbB
 1        demonstrating  a  reckless disregard for the consequences
 2        so as to affect the life or health of the patient.
 3        (2)  Personnel to perform duties of medical  examiner  or
 4    coroner.  To  authorize  the  medical  examiner or coroner to
 5    appoint and  prescribe  the  duties  of  emergency  assistant
 6    medical  examiners  or  coroners  as  may be required for the
 7    proper performance of the duties of the office.
 8             (a)  The appointment of emergency assistant  medical
 9        examiners  or  coroners  under  this Section may be for a
10        limited or unlimited  time,  but  shall  not  exceed  the
11        termination  of the state of public health emergency. The
12        medical  examiner  or  coroner  may  terminate  emergency
13        appointments at  any  time  or  for  any  reason  if  the
14        termination will not impede the performance of the duties
15        of the office.
16             (b)  The  medical  examiner or coroner may waive any
17        or all licensing requirements, permits, or fees  required
18        by  the  State  statutes and applicable orders, rules, or
19        regulations for the performance of these duties.
20             (c)  Any emergency  assistant  medical  examiner  or
21        coroner  appointed  under this Section and acting without
22        malice and within the scope of the prescribed  duties  is
23        immune  from  civil liability in the performance of those
24        duties.

25           ARTICLE 25. PUBLIC INFORMATION REGARDING PUBLIC
26                          HEALTH EMERGENCY

27        Section 25-5. Dissemination of  information.  The  public
28    health  authority shall inform the people of the State when a
29    state  of  public  health  emergency  has  been  declared  or
30    terminated, how to protect themselves, and what  actions  are
31    being taken to control the emergency.
32        (1)  Means  of dissemination. The public health authority
 
                            -29-              LRB9210982REsbB
 1    shall provide information by  all  available  and  reasonable
 2    means  calculated  to  bring  the information promptly to the
 3    attention of the general public.
 4        (2)  Languages. If the public health authority has reason
 5    to believe there are people of the State who lack  sufficient
 6    skills  in  English to understand the information, the public
 7    health authority shall make reasonable efforts to provide the
 8    information in the primary languages of those people as  well
 9    as in English.
10        (3)  Accessibility. The provision of information shall be
11    made in a manner accessible to individuals with disabilities.

12        Section  25-10.  Provision  of  access  to  mental health
13    support personnel. During and after a state of public  health
14    emergency,   the   public   health  authority  shall  provide
15    information about and  referrals  to  mental  health  support
16    personnel  to  address  psychological responses to the public
17    health emergency.

18          ARTICLE 30. PLANNING FOR PUBLIC HEALTH EMERGENCY

19        Section   30-5.   Public   Health   Emergency    Planning
20    Commission.  The  Governor  shall  appoint  a  Public  Health
21    Emergency   Planning  Commission,  consisting  of  the  State
22    directors, or their designees, of agencies the Governor deems
23    relevant to public health  emergency  preparedness,  and  any
24    other  persons  chosen  by  the  Governor. The Governor shall
25    designate the chair of the Commission.

26        Section 30-10. Public Health Emergency Plan.
27        (1)  Content. The Commission shall, within 6 months after
28    its  appointment,  deliver  to  the  Governor  a   plan   for
29    responding  to  a  public  health  emergency,  that  includes
30    provisions for the following:
 
                            -30-              LRB9210982REsbB
 1             (a)  A means of notifying and communicating with the
 2        population  during  a state of public health emergency in
 3        compliance with this Act.
 4             (b)  Centralized    coordination    of    resources,
 5        manpower,  and  services,   including   coordination   of
 6        responses by State, local, and federal agencies.
 7             (c)  The     location,     procurement,     storage,
 8        transportation,    maintenance,   and   distribution   of
 9        essential materials, including medical  supplies,  drugs,
10        vaccines, food, shelter, and beds.
11             (d)  The   continued,  effective  operation  of  the
12        judicial  system  including,  if  deemed  necessary,  the
13        identification and training  of  personnel  to  serve  as
14        emergency  judges  regarding  matters  of  isolation  and
15        quarantine as described in this Act.
16             (e)  The   method  of  evacuating  populations,  and
17        housing and feeding the evacuated populations.
18             (f)  The identification and training of health  care
19        providers  to  diagnose and treat persons with infectious
20        diseases.
21             (g)  Guidelines for the vaccination of  persons,  in
22        compliance with this Act.
23             (h)  Guidelines  for  the  treatment  of persons who
24        have been exposed to or who are infected with diseases or
25        health conditions caused  by  bioterrorism,  epidemic  or
26        pandemic  disease,  or  novel and highly fatal infectious
27        agents or biological toxins, that pose a substantial risk
28        of a significant number of  fatalities  or  incidents  of
29        permanent  or long-term disability. The guidelines should
30        cover, but not be limited  to,  the  following  diseases:
31        anthrax, botulism, smallpox, plague, tularemia, and viral
32        hemorrhagic fevers.
33             (i)  Guidelines for the safe disposal of corpses, in
34        compliance with this Act.
 
                            -31-              LRB9210982REsbB
 1             (j)  Guidelines  for the safe disposal of infectious
 2        waste, in compliance with this Act.
 3             (k)  Guidelines   for   the   safe   and   effective
 4        management of persons isolated, quarantined,  vaccinated,
 5        or treated during a state of public health emergency.
 6             (l)  Tracking  the  source  and outcomes of infected
 7        persons.
 8             (m)  Ensuring  that  each  municipality  and  county
 9        within the State identifies the following:
10                  (A)  sites where persons  can  be  isolated  or
11             quarantined  that comply with this Act regarding the
12             least   restrictive   means   for   isolation    and
13             quarantine,  and  the  requirements  for the safety,
14             health, and maintenance of personal dignity of those
15             isolated or quarantined;
16                  (B)  sites where medical  supplies,  food,  and
17             other   essentials   can   be   distributed  to  the
18             population;
19                  (C)  sites  where  emergency  workers  can   be
20             housed and fed; and
21                  (D)  routes  and  means  of  transportation  of
22             people and materials.
23             (n)  Coordination  with other states and the federal
24        government.
25             (o)  Taking into account cultural norms, values, and
26        traditions that may be relevant.
27             (p)  Distribution of this  plan  and  guidelines  to
28        those who will be responsible for implementing the plan.
29             (q)  Other  measures  necessary  to  carry  out  the
30        purposes of this Act.
31        (2)  Review.  The  Commission  shall  review its plan for
32    responding to a public health emergency every 2 years.

33                      ARTICLE 35. MISCELLANEOUS
 
                            -32-              LRB9210982REsbB
 1        Section 35-5. Titles.  For  the  purposes  of  this  Act,
 2    titles  and  subtitles of Articles, Sections, and subsections
 3    are instructive, but not binding.

 4        Section 35-10. Rules. The public  health  authority  must
 5    adopt  rules  that  are reasonable and necessary to implement
 6    and effectuate this Act.  The  public  health  authority  may
 7    enforce  the provisions of this Act through the imposition of
 8    fines and penalties, the issuance of orders, and  such  other
 9    remedies  as are provided by law, but nothing in this Section
10    shall be  construed  to  limit  specific  enforcement  powers
11    enumerated in this Act.

12        Section 35-15. Financing and expenses.
13        (1)  Transfer  of  funds.  The Governor may transfer from
14    any fund available to the Governor in the State treasury such
15    sums as may be necessary to meet the public health emergency.
16        (2)  Repayment. Moneys so transferred shall be repaid  to
17    the  fund from which they were transferred when moneys become
18    available for that purpose, by legislative  appropriation  or
19    otherwise.
20        (3)  Conditions.  A  transfer  of  funds  by the Governor
21    under the provisions of this Section may be  made  only  when
22    one or more of the following conditions exist:
23             (a)  No  appropriation  or  other  authorization  is
24        available to meet the public health emergency.
25             (b)  An  appropriation  is  insufficient to meet the
26        public health emergency.
27             (c)  Federal moneys  available  for  such  a  public
28        health emergency require the use of State or other public
29        moneys.
30        (4)  Expenses.  All expenses incurred by the State during
31    a state of public health emergency shall be  subject  to  the
32    following limitations:
 
                            -33-              LRB9210982REsbB
 1             (a)  No expense shall be incurred against the moneys
 2        authorized  under  this  Section, without the approval of
 3        the Governor.
 4             (b)  The aggregate amount of all  expenses  incurred
 5        under  the  provisions  of  this Section shall not exceed
 6        $50,000,000 for any fiscal year.
 7             (c)  Moneys authorized for a state of public  health
 8        emergency in prior fiscal years may be used in subsequent
 9        fiscal  years  only  for  the public health emergency for
10        which they  were  authorized.  Moneys  authorized  for  a
11        public  health  emergency  in  prior  fiscal  years,  and
12        expended in subsequent fiscal years for the public health
13        emergency  for  which  they were authorized, apply toward
14        the $50,000,000 expense limit  for  the  fiscal  year  in
15        which they were authorized.

16        Section 35-20. Liability.
17        (1)  State  immunity.  Neither  the  State, its political
18    subdivisions, nor, except in cases  of  gross  negligence  or
19    willful   misconduct,   the   Governor,   the  public  health
20    authority, or any other State  official  referenced  in  this
21    Act,  is liable for the death of or any injury to persons, or
22    damage  to  property,  as  a  result  of  complying  with  or
23    attempting to comply with this Act or any rule adopted  under
24    this Act.
25        (2)  Private liability.
26             (a)  During  a state of public health emergency, any
27        person  owning  or  controlling  real  estate  or   other
28        premises  who voluntarily and without compensation grants
29        a  license  or  privilege,  or  otherwise   permits   the
30        designation  or  use of the whole or any part or parts of
31        that  real  estate  or  premises  for  the   purpose   of
32        sheltering   persons,   together   with   that   person's
33        successors in interest, if any, is not civilly liable for
 
                            -34-              LRB9210982REsbB
 1        negligently  causing  the  death  of,  or  injury to, any
 2        person on or about the real estate or premises under  the
 3        license,   privilege,   or   other   permission,  or  for
 4        negligently causing loss of, or damage to,  the  property
 5        of that person.
 6             (b)  During  a state of public health emergency, any
 7        private person, firm, or corporation  and  employees  and
 8        agents  of  that  person,  firm,  or  corporation  in the
 9        performance of a contract with, and under  the  direction
10        of,  the  State  or its political subdivisions under this
11        Act is not civilly liable for causing the  death  of,  or
12        injury to, any person or damage to any property except in
13        the event of gross negligence or willful misconduct.
14             (c)  During  a state of public health emergency, any
15        private person, firm, or corporation  and  employees  and
16        agents  of that person, firm, or corporation, who renders
17        assistance or advice at the request of the State  or  its
18        political  subdivisions  under  this  Act  is not civilly
19        liable for causing the death of, or injury to, any person
20        or damage to any property except in the  event  of  gross
21        negligence or willful misconduct.
22             (d)  The  immunities provided in this Section do not
23        apply to any private  person,  firm,  or  corporation  or
24        employees and agents of that person, firm, or corporation
25        whose  act  or  omission  caused  in whole or in part the
26        public health emergency and who would otherwise be liable
27        for that act or omission.

28        Section 35-25. Compensation.
29        (1)  Taking. Compensation for property shall be made only
30    if private property is lawfully taken or  appropriated  by  a
31    public  health  authority  for its temporary or permanent use
32    during a state of public health  emergency  declared  by  the
33    Governor under this Act.
 
                            -35-              LRB9210982REsbB
 1        (2)  Actions. Any action against the State with regard to
 2    the payment of compensation shall be brought in the courts of
 3    this  State in accordance with existing court laws and rules,
 4    or any such rules that may be developed by the courts for use
 5    during a state of public health emergency.
 6        (3)  Amount.  The  amount  of   compensation   shall   be
 7    calculated  in the same manner as compensation due for taking
 8    of  property  pursuant  to   non-emergency   eminent   domain
 9    procedures,  as  provided in Article VII of the Code of Civil
10    Procedure, except that the amount of compensation  calculated
11    for  items  obtained  under Section 15-25 shall be limited to
12    the costs incurred to produce the item.

13        Section 35-30. Severability. The provisions of  this  Act
14    are severable under Section 1.31 of the Statute on Statutes.

15        Section   35-35.   Saving   clause.  This  Act  does  not
16    explicitly preempt other laws or regulations that preserve to
17    a greater degree the powers of the Governor or public  health
18    authority,  provided such laws or regulations are consistent,
19    and  do  not  otherwise  restrict  or  interfere,  with   the
20    operation or enforcement of the provisions of this Act.

21        Section 35-40. Conflicting laws.
22        (1)  Federal  supremacy.  This  Act does not restrict any
23    person from complying with federal law or regulations.
24        (2)  Prior  conflicting  acts.  To  the  extent  of   any
25    conflict  between  this  Act  and  other State or local laws,
26    rules, or regulations concerning public  health  powers,  the
27    provisions  of  this Act apply, but only to the extent of the
28    conflict and only to the extent necessary to  carry  out  the
29    underlying purposes of this Act.

30        Section  35-45. Reports. Not later than 90 days after the
 
                            -36-              LRB9210982REsbB
 1    effective date of this Act, and every 12  months  thereafter,
 2    the  Governor shall transmit to the General Assembly a report
 3    that includes:
 4        (1)  A description of the detection and tracking  efforts
 5    made under this Act.
 6        (2)  A   description   of  any  state  of  public  health
 7    emergency declared under this Act.
 8        (3)  A description of the  emergency  powers  used  under
 9    this Act.
10        (4)  A   description   of   the  moneys  transferred  and
11    liabilities and expenses incurred under this Act.

12        Section 35-50. Home rule. All units of local  government,
13    including  home  rule units, and school districts must comply
14    with  the  provisions  of  this  Act.  All  units  of   local
15    government,  including  home rule units, and school districts
16    must act in a manner consistent with the provisions  of  this
17    Act.  This Act is a denial and limitation of home rule powers
18    and functions under subsection (i) of Section  6  of  Article
19    VII of the Illinois Constitution.

20                  ARTICLE 90. AMENDATORY PROVISIONS

21        Section  90-5.   The  State  Mandates  Act  is amended by
22    adding Section 8.26 as follows:

23        (30 ILCS 805/8.26 new)
24        Sec. 8.26. Exempt mandate.   Notwithstanding  Sections  6
25    and  8 of this Act, no reimbursement by the State is required
26    for the implementation of any mandate created by the Illinois
27    Emergency Health Powers Act.

28        Section 90-10.  The Code of Civil Procedure is amended by
29    adding Section 7-103.139 as follows:
 
                            -37-              LRB9210982REsbB
 1        (735 ILCS 5/7-103.139 new)
 2        Sec. 7-103.139. Quick-take;  public  health  emergencies.
 3    Quick-take  proceedings  under  Section  7-103 may be used as
 4    provided in the Illinois Emergency Health Powers Act.

 5                     ARTICLE 99. EFFECTIVE DATE

 6        Section 99-1. Effective date. This Act takes effect  upon
 7    becoming law.

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