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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn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: September 16, 2016

Expires: December 29, 2016

Date Published (pending): September 30, 2016

Illinois Register Citation: 40 Ill. Reg.

 

The Illinois Department of Public Health is adopting these emergency amendments to the emergency rulemaking to implement P.A. 099-0519, originally filed on August 1, 2016 to clarify the fee structure for medical cannabis registration identification cards and the process used for the review of petitions to add debilitating conditions submitted to the Department in January 2016. These clarifications are the basis of an agreement forged by the Joint Committee on Administrative Rules and the Department.

Section 5-45 of the Illinois Administrative Procedure Act (IAPA) defines "emergency" as "the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare." The situation that requires this emergency rulemaking constitutes an "emergency" because without this amendment to the emergency rules currently enforce, patients would not be able to apply for a medical cannabis registry identification card which may have a health impact on their debilitating medical condition.


Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Regional Poison Control Center Code
(77 Ill. Adm. Code 215)

Date Published: August 19, 2016

Illinois Register Citation: 40 Ill. Reg. 11115

Comment Period Expires: October 3, 2016

Submit Comments

 

This rulemaking seeks to update the Regional Poison Control Center Code with respect to the number of poison centers that can be designated by the Director, remove the requirements of a poison control center to coordinate with EMS Systems to assure that all ALS vehicles are equipped with poison antidotes and have 2-way communication with EMS vehicles, and change the membership of the advisory committee.


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.


Automated External Defibrillator Code
(77 Ill. Adm. Code 525)

Date Published: August 19, 2016

Illinois Register Citation: 40 Ill. Reg. 11131

Comment Period Expires: October 3, 2016

Submit Comments

 

This rulemaking seeks to update the incorporated references to conform to national best practices and to clarify the requirements needed for submitting a complaint against a CPR class.


Heartsaver AED Grant Code
(77 Ill. Adm. Code 530)

Date Published: November 4, 2016

Illinois Register Citation: 40 Ill. Reg. 15124

Comment Period Expires: December 19, 2016

Submit Comments

 

The rulemaking implements P.A. 99-0246 and P.A. 99-0501 which added sheriff’s offices, municipal police departments and public libraries to the entities eligible to apply for a matching Heartsaver AED Fund grant. This rulemaking also seeks to update the Part with respect to the current Illinois Department of Public Health grant process to provide that applications should be submitted electronically rather than via a written form.


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.


Regionalized Perinatal Health Care Code
(77 Ill. Adm. Code 640)

Date Published: August 12, 2016

Illinois Register Citation: 40 Ill. Reg. 10728

Comment Period Expires: September 26, 2016

Submit Comments

 

This rulemaking seeks to clarify the resource, personnel, and competence assessment requirements of the Regionalized Perinatal Health Care Code, provides for PAC members to participate remotely in hospital designation and redesignation site visits, and clarifies the number of members required to participate in a hospital designation or redesignation site visit.


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.


Control of Sexually Transmissible Diseases Infection Code
(77 Ill. Adm. Code 693)

Date Published: October 14, 2016

Illinois Register Citation: 40 Ill. Reg. 14020

Comment Period Expires: November 28, 2016

Submit Comments

  This rulemaking seeks to implement P.A. 99-0173 with respect to the definition of health care professional and to add language to facilities data sharing and surveillance based partner services.

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.


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

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13309

Comment Period Expires: November 7, 2016

Submit Comments

 

This rulemaking seeks to update the incorporated and referenced materials section of the rule to update the federal references with respect to federal references for cacao products, hazard analysis and critical control point systems and canned fruit juices.


Processors of Fresh and Smoked Fish (Repealer)
(77 Ill. Adm. Code 735)

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13315

Comment Period Expires: November 7, 2016

Submit Comments

 

This rulemaking seeks to repeal this Part as the Department has already incorporated the federal regulation 21 CFR 123 Fish and Fishery Products into the Part 77-730 Manufactured, Processing, Packing or Holding of Food Code to govern the handling of fresh and smoked fish. The repeal of this Part will remove the redundancy.


Processors of Cacao Products and Confectionery (Repealer)
(77 Ill. Adm. Code 738)

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13336

Comment Period Expires: November 7, 2016

Submit Comments

 

This rulemaking seeks to repeal this Part as the federal regulation 21 CFR 163 Cacao Products is being incorporated into the Part 77-730 Manufactured, Processing, Packing or Holding of Food Code to govern the handling of cacao products. The repeal of this Part will remove the redundancy.


Soft Drink Manufacturers (Repeal)
(77 Ill. Adm. Code 740)

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13358

Comment Period Expires: November 7, 2016

Submit Comments

 

This rulemaking seeks to repeal this Part as the federal regulation 21 CFR 146 Canned Fruit Juices is being incorporated into Part 77-730 Manufactured, Processing, Packing or Holding of Food Code. The repeal of this Part will remove the redundancy.


Sanitary Vending of Food and Beverages (Repeal)
(77 Ill. Adm. Code 743)

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13381

Comment Period Expires: November 7, 2016

Submit Comments

 

This rulemaking seeks to repeal this Part as the Part 77-750 Food Service Sanitation Code is being amended to incorporate the FDA Model Food Code. The FDA Model Code contains language that addresses vending machines. Thus, this Part will no longer be needed and is being repealed.


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

Date Published: August 12, 2016

Illinois Register Citation: 40 Ill. Reg. 10751

Comment Period Expires: September 26, 2016

Submit Comments

 

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 Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

N / A

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.


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

Date Published (pending): October 7, 2016

Illinois Register Citation:

Effective: September 21, 2016

 

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.


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.


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.


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

Date Published: September 23, 2016

Illinois Register Citation: 40 Ill. Reg. 13397

Effective: September 12, 2016

 

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.


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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