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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

N / A

Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: February 10, 2017

Illinois Register Citation: 41 Ill. Reg. 1572

Comment Period Expires: March 27, 2017

Submit Comments

 

This proposed rulemaking provides for the creation of a single governing authority for two or more hospitals within a health care system and, for two or more separately licensed hospitals within a health care system, to consolidate their medical staffs into a unified medical staff. The rulemaking also provides for the operational requirements for a single governing authority and a unified medical staff. References are also being updated.


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

Date Published: March 31, 2017

Illinois Register Citation: 41 Ill. Reg. 3761

Comment Period Expires: May 15, 2017

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The rulemaking amends Section 250 of the Code, deleting the requirement for including social security numbers and cleaning up the Section to more closely reflect the language of the Nursing Home Care Act.


Sheltered Care Facilities Code
(77 Ill. Adm. Code 330)

Date Published: March 31, 2017

Illinois Register Citation: 41 Ill. Reg. 3775

Comment Period Expires: May 15, 2017

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The rulemaking amends Section 250 of the Code, deleting the requirement for including social security numbers and cleaning up the Section to more closely reflect the language of the Nursing Home Care Act.


Illinois Veterans’ Homes Code
(77 Ill. Adm. Code 340)

Date Published: March 31, 2017

Illinois Register Citation: 41 Ill. Reg. 3787

Comment Period Expires: May 15, 2017

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The rulemaking amends Section 250 of the Code, deleting the requirement for including social security numbers and cleaning up the Section to more closely reflect the language of the Nursing Home Care Act.


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.


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

Date Published: March 31, 2017

Illinois Register Citation: 41 Ill. Reg. 3795

Comment Period Expires: May 15, 2017

Submit Comments

 

The rulemaking amends the Code to implement P.A. 99-0054.


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.


Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

Adopted Rules

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

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

Date Published (pending): March 24, 2017

Illinois Register Citation: Pending

Effective: March 10, 2017

 

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 (pending): March 24, 2017

Illinois Register Citation: Pending

Effective: March 9, 2017

 

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 (pending): March 24, 2017

Illinois Register Citation: Pending

Effective: March 9, 2017

 

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 and Student Health Examination and Immunization Code
(77 Ill. Adm. Code 665)

Date Published: March 10, 2017

Illinois Register Citation: 41 Ill. Reg. 2973

Effective: February 27, 2017

 

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: February 10, 2017

Illinois Register Citation: 41 Ill. Reg. 1815

Effective: January 24, 2017

  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 10, 2017

Illinois Register Citation: 41 Ill. Reg. 3007

Effective: February 27, 2017

 

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.



Withdrawn Rules

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

There are no withdrawn rules posted at this time.
 


 
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