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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn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

Date Published: January 2, 2105

Illinois Register Citation: 39 Ill. Reg. 444

Effective Date: December 22, 2014

Expiration Date: May 20, 2015

 

The Department is adopting these emergency amendments to expand and clarify the eligibility of persons under 18 years of age for participation in the Compassionate Use of Medical Cannabis Pilot Program. The amendments are necessary to aid the Department in approving registration identification cards for qualifying patients under 18 years of age to access medical cannabis-infused food products for treating or alleviating symptoms associated with one or more debilitating conditions in accordance with amendments to the Act.

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 rulemaking, persons under age 18 years of age will not be able to apply for a Medical Cannabis Registration Card, which will provide them access to potentially lifesaving therapy through the use of medical cannabis-infused food products. Immediate adoption of these emergency rules will ensure that the Department is able to approve medical cannabis registration cards for persons under age 18 with debilitating conditions, such as seizure disorders, and provide access to these products. Medical cannabis can be used to treat debilitating epilepsy and other seizure disorders by dramatically reducing seizure activity in children. It is the intent of the Compassionate Use of Medical Cannabis Program to ensure access for persons with debilitating conditions to products that allow them to manage the suffering caused by their condition.

This rulemaking sets forth the requirements for qualifying patients under 18 years of age to participate in 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.

 

Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: April 3, 2015

Illinois Register Citation: 39 Ill. Reg. 4837

Comment Period Expires: May 18, 2015

Submit Comments

 

This rulemaking revises the definitions for Extensively Drug-Resistant Organism (XDRO) and registry and the surveillance criteria for reporting carbapenem-resistant Enterobacteriaceae (CRE). This change will allow the Illinois Department of Public Health to be consistent with the Centers for Disease Control and prevention’s (CDC) reporting requirements for CRE.

 

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

Date Published: April 3, 2015

Illinois Register Citation: 39 Ill. Reg. 4860

Comment Period Expires: May 18, 2015

Submit Comments

 

This rulemaking updates Appendix A with respect to the federal poverty level changing from the 2014 federal poverty level to the 2015 federal poverty level. On January 22, 2015, the United States Department of Health and Human Services posted the new 2015 federal poverty level (FPL) in the Federal Register. The Department is updating its rules to reflect this new standard.

 

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

Date Published: April 3, 2015

Illinois Register Citation: 39 Ill. Reg. 4865

Comment Period Expires: May 18, 2015

Submit Comments

 

This rulemaking will establish the requirements and a certificate issuance process for Food Product Sampling Handlers for farmers’ markets.

 

Illinois Blood Bank Code
(77 Ill. Adm. Code 490)

Date Published: March 6, 2015

Illinois Register Citation: 39 Ill. Reg. 3355

Comment Period Expires: April 20, 2015

Submit Comments

 

This rulemaking revises the definitions for Extensively Drug-Resistant Organism (XDRO) and registry and the surveillance criteria for reporting carbapenem-resistant Enterobacteriaceae (CRE). This change will allow the Illinois Department of Public Health to be consistent with the Centers for Disease Control and prevention’s (CDC) reporting requirements for CRE.

 

Rules Governing the Reporting of Reye’s Syndrome
(77 Ill. Adm. Code 663)

Date Published: February 13, 2015

Illinois Register Citation: 39 Ill. Reg. 2245

Comment Period Expires: March 30, 2015

Submit Comments

 

The Department is repealing Part 663 and adding the Reye’s Syndrome reporting to the Control of Communicable Diseases Code (77 Ill. Adm. Code 690).

 

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

Date Published: February 13, 2015

Illinois Register Citation: 39 Ill. Reg. 2251

Comment Period Expires: March 30, 2015

Submit Comments

 

This rulemaking is being proposed to add the reporting of Reye's Syndrome to reporting requirements under Section 690.295 of this Part. Reye’s Syndrome reporting is currently required under 77 Ill. Adm. Code 663 (Rules Governing the Reporting of Reye's Syndrome), which is being repealed.

 

Reference for Rules in Administrative Hearings under Section 2-100(d) and 3-410 of the Nursing Home Care Act
(77 Ill. Adm. Code 430)

Date Published: February 6, 2015

Illinois Register Citation: 39 Ill. Reg. 1985

Comment Period Expires: March 23, 2015

Submit Comments

 

The Department is repealing Part 430 because its remaining provisions are included in Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

 

Blood Labeling Code
(77 Ill. Adm. Code 460)

Date Published: February 6, 2015

Illinois Register Citation: 39 Ill. Reg. 1990

Comment Period Expires: March 23, 2015

Submit Comments

 

The Blood Labeling code is being repealed because its statutory authority, the Blood Labeling Act, has been repealed and replaced by the Illinois Clinical Laboratory and Blood Bank Act.

 

Structural Pest Control Code
(77 Ill. Adm. Code 830)

Date Published: February 6, 2015

Illinois Register Citation: 39 Ill. Reg. 2010

Comment Period Expires: March 23, 2015

Submit Comments

 

This rulemaking seeks to clarify language pertinent to violations being calculated on a per-day basis; transfers the violation of operating without a license from a Type A to Type B fine schedule, and transfers failure to provide information upon request from a Type C to Type B fine. The rulemaking also requires pest control companies to retain employee training records until the employee is no longer employed, or becomes certified. The service records of certified technicians will no longer require the review of another certified technician, and the rule provides means by which certified technicians review electronic (non-paper) records of uncertified technicians. The rule requires the estimated amount of pesticide recorded on service records to be accurate to within 10 percent of the actual amount of pesticide applied. Pest control companies will be required to provide a copy of the service record (required by the statute) upon request of the owner, manager or tenant of the property serviced. Accurate diagrams will be required to be a part of service records for services in which termiticide is applied.

 

Home Health, Home Services, and Home Nursing Agency Code
(77 Ill. Adm. Code 245)

Date Published: December 12, 2014

Illinois Register Citation: 38 Ill. Reg. 23298

Comment Period Expires: January 26, 2015

Submit Comments

 

The Home Health, Home Services, and Home Nursing Agency Code regulates home health agencies, home nursing agencies, home services agencies, and home nursing and home services placement agencies. Rules adopted in 2008 implemented then-new statutory requirements for home nursing agencies, home services agencies, and placement agencies for home nursing and home services workers. These amendments are meant to clarify the distinction between home nursing and home services agencies, and nursing and services placement agencies, and to delineate the respective obligations and responsibilities of each kind of agency.

 

Immunization Registry Code
(77 Ill. Adm. Code 689)

Date Published: October 31, 2014

Illinois Register Citation: 38 Ill. Reg. 20602

Comment Period Expires: December 15, 2014

Submit Comments

 

These rules are being established to ensure that health care providers or school nurses using the Immunization Registry sign the appropriate forms to gain access to the Immunization Registry and adhere to confidentiality policies. The Immunization Registry Act was signed into law on July 11, 2011.

 

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.

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: October 24, 2014

Illinois Register Citation: 38 Ill. Reg. 20133

JCAR Meeting: April 14, 2014

 

Changes to Part 591 are proposed to incorporate language regarding fee assessments on J-1 Visa Waiver applicants. The fee assessment is in response to P.A. 98-1006, which gives the Department the authority to assess a fee on J-1 Visa Waiver applications. Monies collected will be deposited into the Rural/Downstate Health Access Fund and be used, in part, to conduct site visits on physicians who receive a waiver as well as general administrative expenses of the program.

 

Quality of Life Code
(77 Ill. Adm. Code 974)

Date Published: December 5, 2014

Illinois Register Citation: 38 Ill. Reg. 22435

JCAR Meeting: April 14, 2015

 

The proposed amendments will update and add to the definitions in the rules. The proposed amendments are necessary to aid the Department in the restriction of travel of persons infected with or potentially exposed to infectious or communicable diseases in an effort to stop the spread of disease. The definition of “observation” will be amended to remove language related to travel. Definitions for "monitoring", "quarantine, modified" and "public transportation" will also be added.

 

Adopted Rules

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

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

Date Published: Pending April 24, 2015

Illinois Register Citation: Pending

Effective Date: April 10, 2015

 

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.

 

Student Loan Repayment program Code
(77 Ill. Adm. Code 582)

Date Published: Pending April 24, 2015

Illinois Register Citation: Pending

Effective Date: April 10, 2015

 

A new Part is proposed to assist in the management and oversight of the federal government's Student Loan Repayment Program (SLRP). This program provides loan repayment for educational debt in exchange for the health professional working in a health shortage area. Illinois participates in SLRP and follows the federal guidelines for managing the program. The proposed administrative rules will maintain the federal stipulations and incorporate Illinois specific requirements regarding terms of performance for recipients.

 

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

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which inserted language in the Hospital Licensing Act requiring that hospital procedures for administering pneumococcal vaccines be “in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention that are most recent to the time of vaccination,” instead of just for patients aged 65 or older.

 

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

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

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

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

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

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from the Nursing Home Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Intermediate Care for the Developmentally Disabled Facilities Code
(77 Ill. Adm. Code 350)

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from ID/DD Community Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

Long-Term Care for Under Age 22 Facilities Code
(77 Ill. Adm. Code 390)

Date Published: (Pending) April 10, 2015

Illinois Register Citation: Pending

Effective Date: March 25, 2015

 

This proposed amendment implements the statutory requirements of Public Act 98-0271, which removed language from ID/DD Community Care Act that limited the administration of pneumococcal vaccination to residents aged 65 or older.

 

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

Date Published: (Pending) April 10, 2015

Illinois Register Citation: 39 Ill. Reg. 3992

Effective Date: March 2, 2015

 

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.

 

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

Date Published: (Pending) March 20, 2015

Illinois Register Citation: 38 Ill. Reg. 21756

Effective Date: March 9, 2015

 

The proposed amendments will update and add to the definitions in the rules. The proposed amendments are necessary to aid the Department in the restriction of travel of persons infected with or potentially exposed to infectious or communicable diseases in an effort to stop the spread of disease. The definition of “observation” will be amended to remove language related to travel. Definitions for "monitoring", "quarantine, modified" and "public transportation" will also be added.

 

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

Date Published: (Pending) April 3, 2015

Illinois Register Citation: Pending

Effective Date: March 17, 2015

 

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.

 


Withdrawn Rules

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

There are no withdrawn rules posted at this time.
 


 
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