Laws and Administrative Rules

Emergency, Proposed and Adopted Rules

Emergency
First Notice | Second Notice
Adopted
| Regulatory Agenda | Withdrawn

The following are summaries of rules recently filed by IDPH; they are at various stages in the rulemaking process. The emergency and proposed rules listed here have been or soon will be published by the Secretary of State in the Illinois Register. Click on the name of the rule to view the full text. In viewing the full text, new language added to a current rule would be shown by underscoring and deleted language would be shown with strikeouts. Rulemakings proposing to add a new code do not require underscoring.

'Emergency rules' are effective upon filing with the Secretary of State, for a maximum of 150 days. The public may submit comments to the Department during the 150-day effective period of the emergency rules.

The 'proposed' rules have no legal effect until after they have been through the first and second notice periods; are adopted by the Department and filed with the Secretary of State's Office. The public may submit comments to the Department during the first-notice period of the proposed rules. The adopted rules may differ from those originally published.

DISCLAIMER: The texts of rules provided in the Illinois Department of Public Health Web site are intended for the convenience of interested persons. The provisions have NOT been edited for publication, and are NOT in any sense the "official" text of the proposed rules as published in print form by the Secretary of State. The accuracy of any specific provision originating from this site cannot be assured, and you are urged to consult the official documents or contact legal counsel of your choice. This site should not be cited as an official or authoritative source. Amendments, court decisions and other proceedings may affect the text, interpretation, validity and constitutionality of the laws and rules. In addition to the print version of the rules published by the Secretary of State, the official Illinois Register and Illinois Administrative Code also are available online (after publication in the Illinois Register) at the Illinois General Assembly's web site from the Joint Committee on Administrative Rules at: http://www.ilga.gov/commission/jcar/default.htm.

Emergency Rules

First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Compassionate Use of Medical Cannabis Patient Registry
(77 Ill. Adm. Code 946)

Effective Date: August 1, 2016

Expires: December 29, 2016

Date Published (pending): August 12, 2016

Illinois Register Citation: 40 Ill. Reg.

 

This rulemaking implements P.A. 99-0519, effective June 30, 2016, to set forth requirements for qualifying patients to participate in the Department’s Compassionate Use of Medical Cannabis Patient Registry Program. The amendments provide for additional debilitating conditions; add an eligibility category for persons diagnosed with a terminal illness; make changes in the physician written certification; change fees to correspond with the lengthened time frame for a valid registry identification card; add requirements for increasing the adequate supply of medical cannabis and make other changes.


Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Laboratory Service Fees
(77 Ill. Adm. Code 475)

Date Published: July 15, 2016

Illinois Register Citation: 40 Ill. Reg. 9325

Comment Period Expires: August 29, 2016

Submit Comments

 

This rulemaking amends language to allow the Department to contract with commercial laboratories and governmental laboratories for the provision of additional laboratory services.


Certified Local Health Department Code
(77 Ill. Adm. Code 600)

Date Published: May 6, 2016

Illinois Register Citation: 40 Ill. Reg. 7021

Comment Period Expires: June 20, 2016

Submit Comments

 

This rulemaking seeks to update terms and definitions, remove references to an obsolete database, and update certification requirements for local health departments.


Child Health Examination Code
(77 Ill. Adm. Code 665)

Date Published: March 4, 2016

Illinois Register Citation: 40 Ill. Reg.

Comment Period Expires: April 18, 2016

Submit Comments

 

This rulemaking proposes changes to the vaccination requirements for children and students. Specifically, the proposed rulemaking revises vaccination intervals allowed for meningococcal vaccination among children in 6th and 12th grades and strengthens polio vaccination requirements for children entering kindergarten in the 2016-17 school year. The proposed vaccination revisions are supported by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP).

This rulemaking also seeks to implement P.A. 99-249 which requires parents and legal guardians seeking a religious exemption for child and student health examinations and immunizations to complete and submit a Certificate of Religious Exemption. This rulemaking provides the formal criteria for use of the Certificate and sets forth the processes by which schools will handle the Certificate.

This rulemaking further seeks to add provisions of the Immunization Code, 77 Ill. Adm. Code 695, which is being repealed. The Child Health Examination Code and the Immunization Code nearly mirror each other. Rather than having two redundant regulations, IDPH is proposing to repeal the Immunization Code and insert its provisions into the Child Health Examination Code to create a one master rule covering child health examination and immunization requirements.


Immunization Code (Repealer)
(77 Ill. Adm. Code 695)

Date Published: March 4, 2016

Illinois Register Citation: 40 Ill. Reg.

Comment Period Expires: April 18, 2016

Submit Comments

 

The Immunization Code is being repealed and its provisions added to the Child Health Examination Code (77 Ill. Adm. Code 665) to create one comprehensive regulation covering child and student health examinations and immunizations. Currently, immunizations are covered in both the Immunization Code and the Child Health Exam Code resulting in redundant regulations. The repeal of the Immunization Code will remove the redundancy and create a central location for parents and health care providers to find the examination and immunization requirements.


Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

Ambulatory Surgical Treatment and Center Licensing Requirements
(77 Ill. Adm. Code 205)

Date Published: April 29, 2016

Illinois Register Citation: 40 Ill. Reg. 6722

JCAR Meeting: July 12, 2016

Submit Comments

 

The Ambulatory Surgical Treatment Center Licensing Requirements are being amended to implement language from Public Act 98-1123, which amended the definition for ASTCs and added a requirement for compliance with federal rules as a prerequisite for certification. Other amendments include adding change of ownership requirements that are similar to those in the Hospital Licensing Requirements, clarifying the requirements for the examination of removed tissues, and other technical changes.


Health and Hazardous Substances Registry Code
(77 Ill. Adm. Code 840)

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1625

JCAR Meeting: August 9, 2016

Submit Comments

 

This rulemaking updates Subpart B pertaining to the Illinois Cancer Registry (ISCR) to remove the manual report from the method of reporting, update case codes for case finding to include ICD-10-CM Diagnosis or Procedure Codes and to update the North American Association of Central Cancer Registries data standard version. This rulemaking also updates Subpart C pertaining to the Adverse Pregnancy Outcomes Reporting System (APORS) to modify sections describing which infants should be reported, the fields to be reported, and remove the requirement that hospitals distribute copies to local health agencies. Amendments also update the list of reportable diseases to reflect the addition of ICD-10-CM Diagnosis or Procedure codes.


Adopted Rules

Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn

Plumbers Licensing Code
(68 Ill. Adm. Code 750)

Date Published: November 6, 2015

Illinois Register Citation: 39 Ill. Reg. 14297

Effective: June 17, 2016

 

This rulemaking seeks to update the duties of the State Board of Plumbing Examiners, the provisions related to the administration of the Plumbing Licensing Examination, the plumbing education course requirements, the requirements to inspect plumbing and the duties/responsibilities of plumbers who inspect plumbing, and amendments to the establishment of plumbing programs and ordinances by governmental entities, and plumbing inspector violations. The amendments will align the Code with the Act and provide clarity to existing processes utilized by the Department.


Vital Records Code
(77 Ill. Adm. Code 500)

Date Published: August 5 (pending)

Illinois Register Citation: 40 Ill. Reg.

Effective: July 21, 2016

 

This rulemaking seeks to implements P.A. 99-0262, effective January 1, 2016, which allows for the temporary removal of a dead human body for organ and/or tissue donation purposes. This rulemaking is the permanent companion to the identical emergency rulemaking.


Emergency Medical Services, Trauma Center, Primary Stroke Center and Emergent Stroke Ready Hospital Code
(77 Ill. Adm. Code 515)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10006

Effective: July 11, 2016

 

This rulemaking seeks to implement P.A. 99-0480, effective September 9, 2015, which mandates all Emergency Medical Service (EMS) providers, including law enforcement and fire departments, to carry and administer an opioid antagonist to suspected opioid overdose victims. To implement the possession and use of an opioid antagonist, the proposed amendments require EMS Systems to include necessary education for proper storage and administration of opioid antagonists in regional standing medical orders. The rulemaking seeks to increase the education requirements for first responders from 40 to 52 hours. The increase in education hours reflects both current 2009 National Highway Traffic Safety Administration (NHTSA) national standards of 48 hours, plus an additional 4 hours to include education on the safe storage and administration of opioid antagonists to suspected overdose victims.


Nursing Education Scholarships
(77 Ill. Adm. Code 597)

Date Published (pending): May 6, 2016

Illinois Register Citation:

Effective Date: April 21, 2016

 

This rulemaking seeks to standardize various aspects of the program, including updates to terms and definitions, changes to tuition and stipend determination for recipients, clarification of provisions regarding scholarship renewals, update to requirements for deferment and waiver for nursing education and employment obligation, and incorporation of reporting and recovery provisions. The intent of these changes is to formalize current practices within the program and provide recipients with clearer delineations regarding deferment and waiver options.


Control of Communicable Diseases Code
(77 Ill. Adm. Code 690)

Date Published (pending): May 6, 2016

Illinois Register Citation:

Effective Date: April 21, 2016

 

This rulemaking proposes to reinstitute the reporting of Campylobacter to the Department of Public Health. The proposed amendments seek to add the method of reporting, time reporting requirements, disease-specific case control measures, and laboratory reporting requirements. The restitution of the reporting of Campylobacter will aid IDPH in the detection of cases, clusters, and outbreaks of campylobacteriosis in Illinois.


AID Drug Assistance Program (ADAP)
(77 Ill. Adm. Code 692)

Date Published: April 1, 2016

Illinois Register Citation: 40 Ill. Reg. 5413

Effective: June 29, 2016

 

This rulemaking proposes to update Appendix A with respect to the federal poverty level changing from the 2015 federal poverty level to the 2016 federal poverty level.


College Immunization Code
(77 Ill. Adm. Code 694)

Date Published: August 5, 2016 (pending)

Illinois Register Citation: 40 Ill. Reg.

Effective: July 21, 2016

 

This rulemaking proposes changes to the vaccination requirements for incoming college students at Illinois higher education institutions. Specifically, the rulemakings seeks to add a vaccination requirement for meningococcal disease (one dose of meningococcal vaccine on or after 16th birthday) and for pertussis (students must have received at least one dose of Tdap within previous 10 years) and will require college students to show proof of receipt of two doses of rubella, mumps-containing vaccines. The vaccination requirements will take effect beginning with the 2016-17 Fall term. The proposed amendments seek to align Illinois college vaccination requirements with current accepted clinical practices as recommended by the Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP) and the Academy of Family Physicians (AFP).


Manufacturing, Processing, Packing or Holding of Food Code
(77 Ill. Adm. Code 730)

Date Published: January 8, 2016

Illinois Register Citation: 40 Ill. Reg. 322

Effective: June 21, 2016

 

This rulemaking seeks to update the incorporated and referenced materials section of the rule to update the federal references with respect to federal good manufacturing practices preventative controls for human food rules and the control of molluscan shellfish. Updating the federal references will bring Illinois into conformance with the federal requirements as required by the Illinois Food, Drug and Cosmetic Act. The rulemaking also seeks to create a new definitions section and relocate definitions currently located in their own sections into the new comprehensive section.


Food Service Sanitation Code
(77 Ill. Adm. Code 750)

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1508

Effective: June 28, 2016

 

This rulemaking adopts and incorporates the United States Food and Drug Administration’s Food Code 2013, which is a model food code for states. With this adoption, a majority of the current Sections in the Code are being repealed to eliminate duplication and inconsistencies with the Food Code 2013.


General Provisions (Repealer)
(77 Ill. Adm. Code 2500)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10046

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.


Data Collection (Repealer)
(77 Ill. Adm. Code 2510)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10048

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.


Reports (Repealer)
(77 Ill. Adm. Code 2520)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10050

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.


Hospital Price Information (Repealer)
(77 Ill. Adm. Code 2530)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10052

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.


Penalties (Repealer)
(77 Ill. Adm. Code 2540)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10054

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.


Miscellaneous Provisions (Repealer)
(77 Ill. Adm. Code 2550)

Date Published: July 22, 2016

Illinois Register Citation: 40 Ill. Reg. 10056

Effective: July 11, 2016

 

This Part is being repealed because the Illinois Health Finance Reform Act data is now collected under the Health Care Data Collection and Submission Code, 77 Ill. Adm. Code 1010. The repeal of this Part will remove the redundancy.



Withdrawn Rules

Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn

There are no withdrawn rules posted at this time.
 


 
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