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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Specialized Mental Health Rehabilitation Facilities Code
(77 Ill. Adm. Code 380)

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11819

Effective Date: May 22, 2014

Expiration Date: October 17, 2014

 

Reason for Emergency: The Specialized Mental Health Rehabilitation Facilities Act of 2013 (Pubic Act 98-0104; [210 ILCS 49]), passed by the Illinois General Assembly in 2013 and signed by the governor on July 22, 2013, mandates the Department of Public Health to file emergency rules to implement the new Act. The Act says, “The Department, in consultation with the Division of Mental Health of the Department of Human Services and the Department of Healthcare and Family Services, is granted the authority under this Act to establish provisional licensure and licensing procedures by emergency rule. The Department shall file emergency rules concerning provisional licensure under this Act within 120 days after the effective date of this Act.” While the deadline for filing emergency rules was November 18, intense negotiations involving numerous stakeholders prevented the Department from meeting that goal. However, the Department remains committed to getting the rules in place as soon as possible. Additionally, these emergency rules fit the requirement for emergency rules under the Illinois Administrative Procedure Act because a situation exists “that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare” (Section 5-45(a) of the Illinois Administrative Procedure Act [5 ILCS 100]).

The emergency nature of this rule results from the Williams Consent Decree, a consent decree entered into by plaintiffs in a class action lawsuit filed on August 15, 2005, on behalf of Illinois residents with mental illness who were living in institutions for the mentally diseased (IMDs), and by the State of Illinois. The purpose of the consent decree, filed September 29, 2010, was to “assure that Defendants provide Plaintiffs with the opportunity to receive the services they need in the most integrated setting appropriate and to promote and ensure the development of integrated settings that maximize individuals’ independence, choice, opportunities to develop and use independent living skills, and afford the opportunity to live similar lives to individuals without disabilities.” Recognizing the need for Illinois citizens with serious mental illness to receive care as described in the consent decree, the Department sought to create a new kind of facility, geared toward rehabilitation, that would help individuals with mental illness achieve dignity and as much independence as possible in community settings.

To that end, and to satisfy the requirements of the consent decree, the General Assembly enacted the Specialized Rehabilitation Act of 2013 (PA 98-0104), which “provides for licensure of long term care facilities that are federally designated as institutions for the mentally diseased on the effective date of this Act and specialize in providing services to individuals with a serious mental illness. On and after the effective date of this Act, these facilities shall be governed by this Act instead of the Nursing Home Care Act.” PA 98-0104, recognizing the Department’s desire to get facilities licensed as quickly as possible to meet the needs of this population, mandated that the Specialized Mental Health Rehabilitation Act of 2013 be implemented via emergency rule.

PA 98-0104 additionally said, “All consent decrees that apply to facilities federally designated as institutions for the mentally diseased shall continue to apply to facilities licensed under this Act.”PA 98-0104 mandated the Department to work with the Division of Mental Health in the Department of Human Services, and the Department of Healthcare and Family Services, to draft licensure rules under which the former IMDs are to be licensed. Consistent with the Act and the consent decree, the rules envision facilities “that offer high quality rehabilitation and recovery care, help consumers achieve and maintain their highest level of independent functioning, and prepare them to live in permanent supportive housing and other community-integrated settings. Facilities licensed under this Act will be multi-faceted facilities that provide triage and crisis stabilization to inpatient hospitalization, provide stabilization for those in post crisis stabilization, and provide transitional living assistance to prepare those with serious mental illness to reintegrate successfully into community living settings. Those facilities licensed under this Act will provide care under a coordinated care model and seek appropriate national accreditation and provide productive and measurable outcomes.”

Description of the Subjects and Issues Involved: Part 380 implements the Specialized Mental Health Rehabilitation Act of 2013. Its six Subparts address provisional licensure, licensure, training of staff, the assessment of consumers, physical plant requirements, and the care to be provided to consumers in the four levels of service to be provided in specialized mental health rehabilitation facilities.

 

Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

Grade A Pasteurized Milk and Milk Products
(77 Ill. Adm. Code 775)

Date Published: September 5, 2014

Illinois Register Citation: 38 Ill. Reg. 18346

Comment Period Expires: October 20, 2014

Submit Comments

 

This rulemaking will address the procedures for permitting and inspecting dairy farms that sell or distribute raw milk from the premises of the dairy farm directly to consumers. This practice has occurred for over 30 years without rules. Per the Act, the practice of selling raw milk from the premises of the dairy farm must be done in accordance with rules. In the absence of rules and with Illinois’ adoption of the federal Pasteurized Milk Ordinance, raw milk sales are currently prohibited. This rulemaking will create a two-tiered permitting system for sales or distribution of raw milk from the premises of the dairy farm to consumers, given that certain requirements are met.

 

Smoke Free Illinois Code
(77 Ill. Adm. Code 949)

Date Published: August 15, 2014

Illinois Register Citation: 38 Ill. Reg. 17283

Comment Period Expires: September 29, 2014

Submit Comments

 

These rules implement the Smoke Free Illinois Act, Public Act 95-0017, which authorizes the Illinois Department of Public Health to enforce the provisions of the Act and to assess fines for violation of the Act. This rulemaking focuses specifically on clarification that smoking is prohibited in a restaurant, bar and any area where food, beverages, or both, are prepared or served by employees, including outdoor areas such as patios, beer gardens, decks, or rooftops or concession areas. Additionally, the proposed rule includes provisions regarding filing of complaints and enforcement provisions.

 

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

Date Published: August 8, 2014

Illinois Register Citation: 38 Ill. Reg. 16682

Comment Period Expires: September 22, 2014

Submit Comments

 

This rulemaking will amend definitions; amend requirements for certification and recertification issuance for Food Service Sanitation Manager Course (FSSMC) Certified Instructors; update course criteria qualifications, the procedure for becoming an instructor and the renewal process; add a new proctor application fee and approval process; and amend enforcement procedures for instructors administering the FSSMC course and exam. Several Sections and Appendices in the Code are being repealed to implement Public Act 93-0566, which reduces the required training hours for an FSSMC from 15 down to seven and eliminates the State FSSMC exam. Clean-up changes are being made in the Section detailing required training hours for the Food Service Sanitation Manager Certification. The outdated number of hours that should have been removed in the amendment effective May 21, 2014 is now being removed.

 

Local Health Protection Grant Rules
(77 Ill. Adm. Code 615)

Date Published: August 1, 2014

Illinois Register Citation: 38 Ill. Reg. 16145

Comment Period Expires: September 15, 2014

Submit Comments

 

The proposed amendments make changes to the program standards for the four public health programs (Infectious Diseases, Food Protection, Potable Water Supply, and Private Sewage Disposal) funded by the Local Health Protection Grants. In addition, the proposed amendments outline the specific program standards that the Department will use to evaluate the local health departments. The proposed amendments also make necessary changes to some definitions and to some referenced materials.

The amendments to Section 615.100 add definitions for terms used in the rules and remove the definition of a term no longer used.

The amendments to Section 615.110 delete an out-of-date publication from the list of incorporated materials and add a list of referenced statutes and administrative rules.

The amendments to Section 615.220 clarify how the Department will conduct reviews of local health departments. In addition, these amendments outline how the Department will determine substantial compliance for each of the four public health programs during the local health department reviews. These amendments also clarify the process the Department will use to notify local health departments of the determination of substantial compliance.

The amendments to Section 615.300 bring the infectious disease reporting requirements into line with the Control of Communicable Diseases Code (77 Ill. Adm. Code 690) and other Department rules. These amendments also update references to certain publications and define the electronic reporting systems to be used for infectious disease reporting and investigations. In addition, these amendments clarify training requirements for infectious disease staff.

The amendments to Section 615.310 replace specific information that is contained in the Food Service Sanitation Code (77 Ill. Adm. Code 750) with appropriate references to those rules instead. This will eliminate the need to amend Section 615.310 when changes to the Food Service Sanitation Code are made in the future. These amendments also clarify the self-evaluation/quality assurance review requirements and expand the training requirements for program staff.

The amendments to Section 615.320 add licensing and inspection responsibilities for closed loop wells, in accordance with recent amendments to the Water Well Construction Code (77 Ill. Adm. Code 920). The amendments to this Section also clarify the requirements for inspecting water wells and closed loop wells. In addition, the amendments clarify training requirements for program staff.

The amendments to Section 615.330 clarify the inspection requirements for private sewage disposal systems and allow local health departments to share inspection reports for septage hauling equipment.

The amendments to Section 615.340 change the reporting requirements for the Food Protection, Potable Water Supply, and Private Sewage Disposal programs from annual reports to quarterly reports. This brings these rules into compliance with the requirements of the Illinois Grant Funds Recovery Act [30 ILCS 705]. These amendments also update references to statutes and Department personnel. In addition, these amendments consolidate the record retention requirements for the four public health programs into the common requirements for all programs and explain how the Department will approve training required for the four public health programs.

The amendment to Section 615.410 updates a reference to Department rules.

 

The Dental Student Grant Act
(77 Ill. Adm. Code 592)

Date Published: July 25, 2014

Illinois Register Citation: 38 Ill. Reg. 15847

Comment Period Expires: September 8, 2014

Submit Comments

 

Changes are proposed to Part 592 due to amendments to the Dental Student Grant Act. Public Act 87-665 removed the Act's definition regarding designated shortage area and the requirement that a grant recipient work in a shortage area after graduating from dental school. Public Act 91-0798 repealed the Act's requirement regarding the creation and administration of the Dental Student Grant Advisory Committee. Finally, Public Act 97-396 amended Section 3.07 of the Act regarding the definition of racial minority.

 

Visa Waiver Program for International Medical Graduates
(77 Ill. Adm. Code 591)

Date Published: July 25, 2014

Illinois Register Citation: 38 Ill. Reg. 15816

Comment Period Expires: September 8, 2014

Submit Comments

 

Changes to Part 591 are proposed to incorporate new definitions, clarify eligibility requirements, update application criteria, revise selection standards, and amend the term of performance for participating physicians.

 

Water Well Construction Code
(77 Ill. Adm. Code 920)

Date Published: July 25, 2014

Illinois Register Citation: 38 Ill. Reg. 15874

Comment Period Expires: September 8, 2014

Submit Comments

 

The addition of the definition of "Storm Sewer" clarifies the proposed setback changes made to Section 920.Table C. The proposed changes to Section 920.Table C represent the closed loop well advisory board's recommendations to the Department. The changes reflect agreement between the Department and closed loop and water well drilling industries regarding the setback requirements between closed loop wells, water wells, and sources of contamination, specifically sewers. This rulemaking was recommended by the Joint Committee on Administrative Rules (JCAR). As part of a previous rulemaking adopted November 25, 2013, the Department agreed with JCAR to continue its discussions with the commentators on that rulemaking concerning how the current 50-foot setback could be modified to accommodate geothermal applications and still protect the groundwater, and to propose a rulemaking within six months addressing the setback issue.

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

Skilled Nursing and Intermediate Care Facilities Code
(77 Ill. Adm. Code 300)

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11666

JCAR Meeting: October 14, 2014

 

Subpart T of the Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300) established the minimum certification requirements for facilities that participated in the Illinois Department of Healthcare and Family Services’ demonstration program for providing services to persons with serious mental illness. The passage of the Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49] in May, 2013, effectively ended the demonstration program. Facilities that were previously licensed under Part 300 and certified under Subpart T of Part 300 will be licensed under the new Act and the Specialized Mental Health Rehabilitation Facilities Code (77 Ill. Adm. Code 380). Emergency rules for Part 380 were filed on May 22, 2014. Because Subpart T is no longer needed, it is being repealed.

 

The Illinois Food, Drug and Cosmetic Act
(77 Ill. Adm. Code 720)

Date Published: May 23, 2014

Illinois Register Citation: 38 Ill. Reg. 10815

JCAR Meeting: October 14, 2014

 

The Department has issued Certificates of Free Sale for all product items (food, drugs, cosmetics) under the Illinois Food, Drug and Cosmetic Act for a $10 fee to include an unlimited number of items. This rulemaking develops new rules for issuance of Certificates of Free Sale to only Illinois Food and Dairy Manufacturers, Processors, Warehousers and Packers, or those facilities which the Department inspects, permits or surveys. In addition, the rulemaking states that a certificate of free sale will include no more than five items. Section 720.10 is being added to update the statutory citation and to make other technical corrections. A new Section is being added to list referenced materials.

 

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

Date Published: May 23, 2014

Illinois Register Citation: 38 Ill. Reg. 10822

JCAR Meeting: October 14, 2014

 

As currently written, this Part is in conflict with the Food Handling Regulation Enforcement Act, which was recently amended by Public Act 098-0566 to require food handler training for any food handler working in a retail food establishment. This rulemaking will add definitions, course content, course approval, and requirements for food handler training.

 

Tanning Facilities Code
(77 Ill. Adm. Code 795)

Date Published: May 23, 2014

Illinois Register Citation: 38 Ill. Reg. 10869

JCAR Meeting: October 14, 2014

 

This rulemaking is necessary to clean up language that has been determined to be unclear by tanning facility owners and operators and facility inspectors or is outdated.

 

Grade A Pasteurized Milk and Milk Products
(77 Ill. Adm. Code 775)

Date Published: May 23, 2014

Illinois Register Citation: 38 Ill. Reg. 10853

JCAR Meeting: October 14, 2014

 

This rulemaking will incorporate administrative procedures for the certified pasteurizer sealer program and the issuance of the certified pasteurizer sealer permit. The certified pasteurizer sealer program allows the Department to authorize a permitted certified sealer, or an employee of the milk plant, to test and temporarily seal pasteurization equipment. The Department will then re-test and re-seal within 10 days. The industry acknowledges that product produced could be recalled if the product was not pasteurized correctly during the time period from when the certified sealer tests and seals the pasteurization equipment to when the Department re-checks the equipment. This rulemaking also makes a technical change to update a referenced document, the Grade A Pasteurized Milk Ordinance, to the most current version.

 

Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code
(77 Ill. Adm. Code 892)

Date Published: April 25, 2014

Illinois Register Citation: 38 Ill. Reg. 8756

JCAR Meeting: October 14, 2014

 

Changes to these rules include amendments to the existing irrigation contractor annual registration fees recommended by the Plumbing Code Advisory Council in order to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of irrigation contractor registration. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State.

 

Plumbing Contractor Registration Code
(77 Ill. Adm. Code 894)

Date Published: April 25, 2014

Illinois Register Citation: 38 Ill. Reg. 8772

JCAR Meeting: October 14, 2014

 

Changes to these rules include amendments to the existing irrigation contractor annual registration fees recommended by the Plumbing Code Advisory Council to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of irrigation contractor registration. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State. A new Referenced Materials Section is being added. In Section 894.40, subsections (d) and (e) are being deleted because the language is redundant. These subsections provide a process whereby the Department is to issue a Notice of Intent to Revoke Registration for a plumbing contractor who does not have a valid certificate of insurance or surety bond. The process described in the deleted subsections duplicates Section 894.60, which establishes the process of providing Notice for any violation of the Code.

 

Specialized Mental Health Rehabilitation Facilities Code
(77 Ill. Adm. Code 380)

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11713

JCAR Meeting : September 16, 2014

 

Part 380 implements the Specialized Mental Health Rehabilitation Act of 2013. Its six Subparts address provisional licensure, licensure, training of staff, the assessment of consumers, physical plant requirements, and the care to be provided to consumers in the four levels of service to be provided in specialized mental health rehabilitation facilities.

 

HIV/AIDS Confidentiality and Testing Code
(77 Ill. Adm. Code 697)

Date Published: April 11, 2014

Illinois Register Citation: 38 Ill. Reg. 7808

JCAR Meeting : September 16, 2014

 

This rulemaking implements Public Act 98-0353, which was passed on August 16, 2013 and removed the requirement to notify school principals of students enrolled in a school program who are HIV infected. Section 697.100 is being amended to change the word "confirmatory" to "supplemental," which is more in line with the new HIV testing algorithm, and to reference the definition of a supplemental test, which is included in Section 697.20.

 

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

Date Published: April 11, 2014

Illinois Register Citation: 38 Ill. Reg. 7785

JCAR Meeting : September 16, 2014

 

Various Sections are being amended to clarify the language. The rulemaking also implements Public Act 98-0353, which was passed on August 16, 2013, and removed the requirement to notify school principals of students enrolled in a school program who are HIV infected. Language on the use of expedited partner therapy is being added to the rules.

 

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

Date Published: June 13, 2014

Illinois Register Citation: 38 Ill. Reg. 12007

JCAR Meeting : September 16, 2014

 

The Department of Public Health laboratories provide testing to support the Department’s programs. The Department’s laboratories provide these same tests to public health clinics or community based organizations if funding can be obtained and if the surveillance data that would be created is of value to the Department’s programs. The use of the Department’s laboratories for testing is voluntary.

The amendments revise all tests by name and each test’s associated fee. The amendments provide for charging fees based on current calculations of costs, including commodity costs, personnel and benefits, building expenses, equipment maintenance and replacement, quality assurance support, information technology applications, and indirect costs. This change will allow the laboratory to collect reimbursement based on current costs, which change with commodity and operating costs. It will allow the laboratory to obtain Medicaid reimbursement at current operating costs.

The proposed amendments establish a fee to recover costs associated with providing patients their laboratory test results as required by federal legislation.

The proposed amendments update information about the acceptability of samples and specimens, the period of time for which they will be retained, and the ability to share those specimens for quality assurance and method development purposes.

 

Adopted Rules

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

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

Date Published: Pending October 10, 2014

Illinois Register Citation: Pending

Effective Date: September 23, 2014

 

Changes to these rules include amendments to the existing plumbers’ and apprentice plumbers' examination and licensure fees recommended by the Plumbing Code Advisory Council to reflect the progressive cost increase that the Department has incurred for over a decade and the progressive cost increase that the Department will incur in the near future for the production and administration of examination and licensure. Minor modifications to format are being made to increase uniformity between the Part and the required codification system established by the Secretary of State.

 

Practice and Procedure in Administrative Hearings
(77 Ill. Adm. Code 100)

Date Published: Pending October 3, 2014

Illinois Register Citation: Pending

Effective Date: September 22, 2014

 

This rulemaking updates and clarifies the Department’s Practice and Procedure in Administrative Hearings. Updates include aligning appearance, discovery, and subpoena provisions with Illinois Supreme Court Rules, the Illinois Code of Civil Procedure, and federal rules concerning discovery of documents belonging to the federal government. The rulemaking clarifies rules concerning stipulations, objections, filing answers and requesting a hearing; streamlines use of official documents and records; and allocates costs for hearing transcripts. Procedures under the Smoke Free Illinois Act are also updated.

 

Collection, Disclosure and Confidentiality of Health Statistics; Institutional Review Board
(77 Ill. Adm. Code 1005)

Date Published: Pending September 26, 2014

Illinois Register Citation: Pending

Effective Date: September 10, 2014

 

Institutional Review Board (IRB) approval is required for the release of certain data, as required by statute (e.g., the Health Statistics Act). The amendments provide information for external stakeholders regarding submission of applications to the IRB, and explain how the IRB review process takes place.

The Department's Director is signatory to the United States Department of Health and Human Services Federal-wide Assurance (FWA) for the Protection of Human Subjects in Research, and the IRB is responsible for ensuring that when the Department becomes engaged in research to which the FWA applies, it is compliant with federal requirements.

The amendments proposed for Subpart A (General Provisions) clarify definitions, lay out an application procedure for data release, and repeal provisions relating to the Data Protection Review Board (DPRB), which no longer exists.

The amendments proposed for Subpart B (Institutional Review Board) provide information regarding the IRB’s role, composition and review process.

 

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

Date Published: Pending September 26, 2014

Illinois Register Citation: Pending

Effective Date: September 9, 2014

 

Part 205 regulates Ambulatory Surgical Treatment Centers, including ownership, organization, quality assessment, surgical procedures, and sanitation.

The adopted amendments to Part 205 reflect changes in the U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services Ambulatory Surgery Centers Conditions for Coverage (42 CFR 416). The amendments create a governing body; expand the requirements for the ASTC’s organizational plan and the standards of professional work; require the ASTC’s policies and procedures manual to include a data-driven quality assessment program; and update the requirements for emergency post-operative and pre-operative care.

A new Section, Infection Control (Section 205.550), is being added, and Section 205.115 (Incorporated and Referenced Materials) is being updated to reflect the requirements in the new Infection Control Section. Sections 205.350 and 205.860 are being amended to clean up obsolete statutory references, and Section 205.610 is being amended to require ASTCs to comply with the Pregnancy Termination Report Code (77 Ill. Adm. Code 505).

 

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

Date Published: Pending September 12, 2014

Illinois Register Citation: 38 Ill. Reg. 8726

Effective Date: August 26, 2014

 

Existing rules specify required immunizations, physical examinations, and acceptable exemptions for children attending child care facilities, children entering school-operated programs below the kindergarten level and kindergarten through 12th grade. Proposed changes in this rulemaking will modify existing requirements to align with current accepted clinical practices as recommended by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP) and the Academy of Family Physicians (AFP). In March 2013, ACIP updated their recommendations for the prevention and control of meningococcal disease. Meningococcal disease can cause severe and devastating illness. The burden of disease is highest among infants aged less than one year, young adults aged 16 through 21 years, and persons aged 65 years and older. The vaccines licensed currently are recommended routinely for adolescents and other persons at increased risk for meningococcal disease. ACIP recommends routine administration of a MenACWY vaccine for all persons aged 11 through 18 years. A single booster dose recommendation is based on age and risk factors.

Public Act 098-0480 was signed into law on August 16, 2013 and provides IDPH with the authority to prescribe rules. The Act requires that the Department of Public Health shall adopt a rule requiring students, upon entering the 6th and 12th grade of any public, private, or parochial school, to receive an immunization containing meningococcal conjugate vaccine that meets the standards approved by the U.S. Public Health Service for such biological products and is in accordance with the recommendations of the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. The immunization shall consist of one dose of the MCV4 vaccine for 6th grade entrance and two doses for 12th grade entrance, unless the first dose was administered to a child who was 16 years of age or older, in which case only one dose is required at 12th grade entrance. However, if the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices' recommendations for adolescents are updated, then the requirement under this Section should reflect those changes to be current. Existing Illinois standards for parental or legal guardian objections or medical objections shall be applicable.

 

Immunization Code
(77 Ill. Adm. Code 695)

Date Published: Pending September 12, 2014

Illinois Register Citation: 38 Ill. Reg. 8740

Effective Date: August 26, 2014

 

Existing rules specify required immunizations, physical examinations, and acceptable exemptions for children attending child care facilities, children entering school-operated programs below the kindergarten level and kindergarten through 12th grade. Proposed changes in this rulemaking will modify existing requirements to align with current accepted clinical practices as recommended by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP) and the Academy of Family Physicians (AFP). In March 2013, ACIP updated their recommendations for the prevention and control of meningococcal disease. Meningococcal disease can cause severe and devastating illness. The burden of disease is highest among infants aged less than one year, young adults aged 16 through 21 years, and persons aged 65 years or older. The vaccines licensed currently are recommended routinely for adolescents and other persons at increased risk for meningococcal disease. ACIP recommends routine administration of a MenACWY vaccine for all persons aged 11 through 18 years. A single booster dose recommendation is based on age and risk factors.

Public Act 098-0480 was signed into law on August 16, 2013 and provides the Department of Public Health with the authority to prescribe rules requiring students entering the sixth and 12th grade of any public, private, or parochial school, to receive an immunization containing meningococcal conjugate vaccine that meets the standards approved by the U.S. Public Health Service for such biological products and is in accordance with the recommendations of the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. The immunization shall consist of one dose of the MCV4 vaccine for 6th grade entrance and two doses for 12th grade entrance, unless the first dose was administered to a child who was 16 years of age or older, in which case only one dose is required at 12th grade entrance. Existing Illinois standards for parental or legal guardian objections or medical objections are applicable.

The economic effect of this proposed rulemaking is unknown. Therefore, the Department requests any information that would assist in calculating this effect. However, all vaccines are readily available through the federal Vaccines for Children (VFC) program administered by the Department.

 

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

Date Published: August 1, 2014

Illinois Register Citation: 38 Ill. Reg. 16304

Effective Date: June 10, 2014

 

The Emergency Medical Services, Trauma Center, Primary Stroke Center and Emergent Stroke Ready Hospital Code is being amended to improve Special Emergency Medical Services Vehicle (SEMSV) safety and to bring them up to current standards. Section 515.100 is being amended to define "Helicopter Shopping", "Stroke Network" and "System Participation Suspension". Section 515.125 is being amended to include federal government publications pertaining to requirements for an aircraft crew. Section 515.900 and Section 515.910 is being amended for technical cleanup. Section 515.920 is being amended to define the qualifications of the SEMSV Medical Director. Section 515.930 is being amended to include the Federal Aviation Administration (FAA) requirements for fixed- wing EMS pilots. Section 515.935 is being amended to allow the EMS System to approve pilots. This Section also requires temporary staffing to be three full-time pilots and is permitted for no more than six months before hiring a replacement. EMS pilots must have a minimum of 2000 flight hours with a minimum of 1500 rotorcraft flight hours, and 100 flight hours at night with a minimum of 500 hours of turbine time. Each fixed-wing aircraft pilot shall be approved by the Medical Director for participation in an EMS System.

Sections 515.500, 515.510, 515.520 and 515.700 are being amended to include the responsibility of the lead instructor to ensure that the class begins after the Department has issued written approval and a site code. Lead instructors must also ensure that the curriculum presented to the EMT students has approval of the Department and the EMS System. No lead instructor will teach methods of assessment or intervention that are not approved by the Department or the EMS System.

Section 515.940 is being amended to replace the requirement for the aeromedical crew members from Basic Trauma Life Support (BTLS) to International Trauma Life Support (ITLS). This Section also includes Trauma Nurse Advanced Trauma Course (TNATC) and a course equivalent to Neonatal Resuscitation Program (NRP) as other options to some of the other required courses. The Section defines the requirement of tracheal intubation for aeromedical crew members. Section 515.945 removes the fishing kit from the survival equipment requirements and also requires a single engine fixed-wing aircraft to be powered by a turbine engine. Section 515.950 amends requirements for aircraft medical equipment and drugs. Section 515.955 requires mechanics to have competed factory approved training for the makes and models of aircraft in the SEMSV program.

Section 515.960 requires the dispatcher for all aeromedical services to have knowledge of the EMS roles and responsibilities for various levels of training, medical terminology, obtaining patient information and assistance with hazardous material responses and recognition training and crew resource management. Section 515.963 is a new Section that describes the flight program safety standards.

 

AIDS Drug Assistance Program
(77 Ill. Adm. Code 692)

Date Published: Pending

Illinois Register Citation: 38 Ill. Reg. 17363

Effective Date: August 1, 2014

 

The United States Department of Health and Human Services (DHHS) establishes the federal poverty level at the end of January of each year. Once the new poverty level is established by the federal government, all Ryan White Programs are required to adopt the new standard. Neither the program nor the State has any discretion to operate on another standard of federal poverty level. On January 22, 2014, DHHS posted the new 2014 federal poverty level (FPL) in the Federal Register. The Department is updating its rules to reflect this new standard. The federal poverty level is posted on the following website: https://www.federalregister.gov/articles/2013/01/24/2013-01422/annual-update-of-the-hhs-poverty-guidelines#h-4

 

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

Date Published: Pending August 15, 2014

Illinois Register Citation: 38 Ill. Reg. 17367

Effective Date: July 29, 2014

 

This rulemaking sets forth the requirements for implementation of the Department’s Compassionate Use of Medical Cannabis Patient Registry Program which is designed to ensure access to medical cannabis to qualifying patients with specific debilitating medical conditions who apply for and are approved for a registry identification card.

 

Hospital Licensing Requirements
(77 Ill. Adm. Code 250)

Date Published: August 1, 2014

Illinois Register Citation: 38 Ill. Reg. 13280

Effective Date: June 10, 2014

 

The Hospital Licensing Requirements regulate hospitals in Illinois, including emergency services, patient safety, patient rights, obstetric care, and the health requirements for hospital personnel. Section 250.260 (Patients’ Rights) is being amended to add statutory language from Public Act 97-0485, which provides minimum requirements for discrimination grievance procedures and a new statutory requirement for hospitals to post an anti-discrimination notice in emergency rooms.

Section 250.450 (Personnel Health Requirements) has been amended to insert a reference to the Department’s Control of Tuberculosis Code and to delete a reference to the Department’s Control of Communicable Diseases Code. Section 250.710 (Classification of Emergency Services) is being amended to add statutory language from PA 97-0667. This statutory language exempts long-term acute care hospitals from the requirement for each hospital to provide emergency services. Section 250.1030 (Policies and Procedures) is being amended to implement statutory language from PA 97-0122. This language enhances the existing safe patient handling language in Section 250.1030 by establishing minimum requirements for protecting patient dignity, self-determination, and choice. Section 250.1830 (General Requirements for All Obstetric Departments) has been amended to add statutory language from the Hospital Infant Feeding Act [210 ILCS 81].

Section 250.150 (Definitions) has been amended to add statutory definitions from PA 97-0122 and Section 250.160 is being amended to add references to federal statutes and regulations, and to add references to State statutes.

 

Certification and Operation of Environmental Laboratories
(77 Ill. Adm. Code 465)

Date Published: August 1, 2014

Illinois Register Citation: 38 Ill. Reg. 16240

Effective Date: July 15, 2014

 

In general, the purpose of the rule amendments is to bring Illinois requirements for certification of water microbiology testing laboratories into compliance with recent federal regulation changes. Specifically, to establish compliance with 40 CFR 141 and 142, National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule as published in the Federal Register, Vol.78, No. 30, February 13, 2013 by:

  • Updating reference 40 CFR 141, 142, National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule (Including E. coli), April 15, 2013)
  • Updating referenced versions of Standard Methods for the Examination of Water and Wastewater eliminating the 18th and 19th editions and adding the 21st and online editions.
  • Repealing Appendix A – Colisure is referenced in added versions of Standard Methods
  • Replacing Colitag method with Modified Colitag method
  • Eliminating Fluorocult LMX, Coliscan, and R2A
  • Adding certification for Cryptosporidium by adding reference to the Long Term 2 Enhanced Surface Water Treatment Rule (LT2 Rule) (40CFR 9, 141, 142)
  • Adding reference to “Supplement 2 to the Fifth Edition of the Manual for the Certification of Laboratories Analyzing Drinking Water”, November 2012, known as EPA 815-F-08-006
  • Updating Section 465.360 to contain all methods referenced in federal or state rules.
  • Adding reference to “Supplement 1 to the Fifth Edition of the Manual for the Certification of Laboratories Analyzing Drinking Water”, June 2008, known as EPA 815-F-08-006
 

Hospital Licensing Requirements
(77 Ill. Adm. Code 250)

Date Published: Pending

Illinois Register Citation: Pending

Effective Date: June 10, 2014

 

The Hospital Licensing Requirements regulate hospitals in Illinois, including emergency services, patient safety, patient rights, obstetric care, and the health requirements for hospital personnel. Section 250.260 (Patients’ Rights) is being amended to add statutory language from Public Act 97-0485, which provides minimum requirements for discrimination grievance procedures and a new statutory requirement for hospitals to post an anti-discrimination notice in emergency rooms. Section 250.310 is being amended to add statutory language and to implement requirements for telemedicine services.

Section 250.450 (Personnel Health Requirements) is being amended to insert a reference to the Department’s Control of Tuberculosis Code and to delete a reference to the Department’s Control of Communicable Diseases Code. Section 250.710 (Classification of Emergency Services) is being amended to add statutory language from PA 97-0667. This statutory language exempts long-term acute care hospitals from the requirement for each hospital to provide emergency services. Section 250.1030 (Policies and Procedures) is being amended to implement statutory language from PA 97-0122. This language enhances the existing safe patient handling language in Section 250.1030 by establishing minimum requirements for protecting patient dignity, self-determination, and choice. Section 250.1830 (General Requirements for All Obstetric Departments) is being amended to add statutory language from the Hospital Infant Feeding Act [210 ILCS 81].

Section 250.150 (Definitions) is being amended to add statutory definitions from PA 97-0122 and Section 250.160 is being amended to add references to federal statutes and regulations, and to add references to State statutes. Sections 250.150 and 250.160 also are being renumbered.

 

Newborn Metabolic Screening and Treatment Code
(77 Ill. Adm. Code 661)

Date Published: June 13, 2014

Illinois Register Citation: 38 Ill. Reg. 12509

Effective Date: June 2, 2014

 

The Department of Public Health Division of Laboratories provides testing to support the Newborn Screening Program. After testing is complete, specimens will be retained for a period of time (at least two months) in case repeat testing or supplemental testing of the specimen is necessary to complete the screening. When this supplemental testing is not performed by the Division of Laboratories, it may be necessary to engage the services of other clinical laboratories to perform this additional testing. Retained specimens are also used to provide quality control material to ensure the accuracy of current methods and those methods under development. If the specimen is determined to be normal, it will be retained for not longer than four months. Since abnormal specimens provide a special opportunity for quality control and are rarely encountered, they will be retained for a longer period of time. Abnormal specimens will be retained for a maximum of six years. After storage by the Division of Laboratories, all specimens will be destroyed.

 

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

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11775

Effective Date: May 21, 2014

 

As currently written, this Part is in conflict with the Food Handling Regulation Enforcement Act, which was recently amended by Public Act 098-0566 to reduce the required training hours for Food Service Sanitation Manager Certification (FSSMC) and to change the recertification and reciprocity approval process in the state of Illinois. This rulemaking will update incorporated and referenced materials; amend requirements for certification and recertification issuance; update course content and course approval requirements; and amend reciprocity provisions.

 

Grade A Pasteurized Milk and Milk Products
(77 Ill. Adm. Code 775)

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11796

Effective Date: May 21, 2014

 

This rulemaking will update references to several documents that are incorporated by reference in the Grade A Pasteurized Milk and Milk Products rules. Documents that are being updated include the Grade A Pasteurized Milk Ordinance (PMO), the Methods of Making Sanitation Ratings of Milk Shippers (MMSR), the Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration (FDA) Program of the National Conference on Interstate Milk Shipments and the incorporated sections of the Code of Federal Regulations and the Evaluation of Milk Laboratories, all published by the FDA. These proposed amendments also add the Illinois Food, Drug and Cosmetic Act as an authority for this Code, which will link the Grade A Code to the permits and associated fees and connect procedures for the issuance of both. It also sets the stage for development of a future amendment for the procedure of issuance of a pasteurizer sealer certification.

 

Tanning Facilities Code
(77 Ill. Adm. Code 795)

Date Published: June 6, 2014

Illinois Register Citation: 38 Ill. Reg. 11802

Effective Date: May 22, 2014

 

This Part is being amended to implement Public Act 98-0349, which amended the Tanning Facility Permit Act to prohibit any person under the age of 18 from the use of tanning equipment in a tanning facility in the State of Illinois. The Public Act takes effect on January 1, 2014. Definitions are being updated and new definitions for "personal use" and "private residence" are being added, as well as new statutory language defining equipment.

An exemption is being added for personal use of a tanning bed in a private residence. Application requirements are being updated. Permit denial and renewal requirements are being amended to refer to use of the facility by a person under age 18. Record-keeping requirements will require verification of age by facility patrons.

 

Children's Community-Based Health Care Center Code
(77 Ill. Adm. Code 260)

Date Published: May 9, 2014

Illinois Register Citation: 38 Ill. Reg. 9905

Effective Date: April 28, 2014

 

The Children’s Community-Based Health Care Center Code regulates admission criteria, children’s rights, child care services, medication policies, and the physical plant for children’s community-based health care centers. This rulemaking is being undertaken to strengthen and clarify the admission criteria and staff requirements for the different types of children's services that facilities provide, such as respite care, transitional care, medical day care, and weekend camps. Two Sections are being added to, respectively, provide minimum standards for medical oversight and strengthen and clarify the minimum requirements for reporting allegations of abuse and neglect.

 

Illinois Plumbing Code
(77 Ill. Adm. Code 890)

Date Published: May 9, 2014

Illinois Register Citation: 38 Ill. Reg. 9940

Effective Date: April 24, 2014

 

Changes to these rules include amendments recommended by the Plumbing Code Advisory Council to the existing minimum code of standards for plumbing and the fixtures, materials, design, and installation methods of plumbing systems to reflect advances in technology and methods that more effectively protect public health. Format, style, and numbering are being modified to increase uniformity between the Part and the required codification system established by the Secretary of State. Edits were introduced to clarify ambiguity and eliminate redundancy. Repealed Sections were relocated within the Part. New illustrations have been added for clarity. Repealed illustrations have been relocated or deleted because of duplication. Some new material that was proposed at first notice has been removed in this adopted version.

 

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

Date Published: April 25, 2014

Illinois Register Citation: 38 Ill. Reg. 9053

Effective Date: April 9, 2014

 

Section 515.150 is being amended to define the length of a waiver approved by the Department. In addition, this Section clarifies the information needed to explain why the applicant is requesting a waiver from the Department. Updates were also made to the U.S General Services Administration’s Specifications for Ambulances.

Section 515.165 is being added to implement PA 96-1469, which expanded the requirements for suspension, revocation and denial of licensure to all licensees, not just EMTs. Public Act 96-1469 also allows the Director, after providing notice and hearing, to deny, suspend or revoke a license or refuse to relicense any EMT-B, EMT or EMT-P if he or she has been convicted (or entered a plea of guilty or nolo-contendere) by a court of a Class X, Class 1 or Class 2 felony in this State or any out-of-state equivalent offense.

Section 515.170 is being amended to implement Public Act 96-1469, which requires employers to verify that the employee possesses a license to perform the service required by the employer.

Section 515.620 is being renumbered as Section 515.190 to include felony conviction requirements under the General Subpart of the rules, since these requirements are for all licenses issued by the Division of EMS and Highway Safety.

Section 515.430 is being repealed. Suspension, revocation and denial of EMS licensure will be covered in Section 515.165.

Section 515.460 implements portions of PA 98-0053 and PA 97-0509 that allow the Department to waive fees for an EMT who is a member of the Illinois National Guard, an Illinois State Trooper or exclusively serves as a volunteer for units of local government with a population of less than 5,000 or as a volunteer for a not-for- profit organization that serves a service area with a population base of less than 5,000. First Responders who exclusively serve in those volunteer positions may also apply for fee waivers. The waiver must be applied for and approved by the Department prior to examination, certification or renewal. No fees will be refunded.

Section 515.590 is being amended to implement a portion of Public Act 98-0053 that decreases continuing education hours for the EMT-P, EMT-I, Advance EMT and EMT-B. The amendment also allows continuing education (CE) hours to consist of, EMS System-approved in-services, Department-recognized college health care courses and online CE courses.

Section 515.630 is being amended to implement a portion of Public Act 98-0053 to allow the Department to recognize military emergency medical training, emergency medical curriculum completed, and clinical experience for an honorably discharged member the United States armed forces when he or she applies for any level of Emergency Medical Technician.

Section 515.800 is being amended to implement Public Act 98-0452, which provides for renewal of licensed vehicles operated by Vehicle Service Providers to be every four years (instead of annual renewals). The Act also provides for annual inspection and for a vehicle service provider fee to continue to be charged yearly.

 

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

Date Published: February 28, 2014

Illinois Register Citation: 38 Ill. Reg. 5533

Effective Date: February 11, 2014

 

The rules are being changed to update reporting activities of mandatory reporters, to improve communicable disease reporting in Illinois. The Control of Communicable Diseases Code provides a list of the reportable diseases and conditions, the timeframes in which these diseases or conditions shall be reported, the reporting entities and the procedures for reporting.

The rules also provide detailed procedures for the control of communicable diseases for each reportable disease, as well as general procedures for the control of communicable diseases. The document also provides definitions of terms and references to incorporated materials. The proposed amendments update the existing rules based on the most current disease and procedure information to improve the control of communicable disease in Illinois. Information on diseases and conditions, appropriate measures to control communicable diseases, and technology in place to report diseases have changed since the last revision of the rules.

To improve communicable disease reporting, the number of reporting entities has been increased and additional reporting entities have been added. To monitor the severity and burden of disease secondary to Influenza in Illinois, the rules been updated to add the reporting of hospitalized residents who received a diagnosis of Influenza into intensive care units.

To help prevent the spread of a contagious disease, or a dangerously contagious or infectious disease, the rules have been updated to reflect improved data sharing between the Department, local boards of health, and local public health authorities.

 

Physical Fitness Facility Medical Emergency Preparedness Code
(77 Ill. Adm. Code 527)

Date Published: February 28, 2014

Illinois Register Citation: 38 Ill. Reg. 5527

Effective Date: February 11, 2014

 

The rulemaking amendment includes public or private secondary schools as an outdoor physical fitness facility pursuant to the Physical Fitness Facility Medical Emergency Preparedness Act [210 ILCS 74/5.25(a)(1.5)].

 


Withdrawn Rules

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

There are no withdrawn rules posted at this time.
 


 
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