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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

There are no emergency rules posted at this time.


Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1625

Comment Period Expires: March 7, 2016

Submit Comments

 

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


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

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1508

Comment Period Expires: March 7, 2016

Submit Comments

 

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 With this adoption, a majority of the current Sections in the Code are being repealed to eliminate duplication and inconsistencies with the Food Code 2013.


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

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1484

Comment Period Expires: March 7, 2016

Submit Comments

 

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


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

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1450

Comment Period Expires: March 7, 2016

Submit Comments

 

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


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

Date Published: January 8, 2016

Illinois Register Citation: 40 Ill. Reg. 322

Comment Period Expires: February 22, 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 good manufacturing practices preventative controls for human food rules and the control of molluscan shellfish. Updating the federal references will bring Illinois into conformance with the federal requirements as required by the Illinois Food, Drug and Cosmetic Act. The rulemaking also seeks to create a new definitions section and relocate definitions currently located in their own sections into the new comprehensive section.


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

Date Published: November 6, 2015

Illinois Register Citation: 39 Ill. Reg. 14321

Comment Period Expires: December 21, 2015

Submit Comments

 

This rulemaking will implement P.A. 98-1001 which created the designation of Acute Stroke-Ready Hospitals and Comprehensive Stroke Centers and P.A. 98-0973 which modified terminology and provided for licensure of pre-hospital registered nurses, emergency communications registered nurses and emergency medical responders. This rulemaking will also update requirements related to EMS services for children /pediatric care (EMSC).

 

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

Date Published: November 6, 2015

Illinois Register Citation: 39 Ill. Reg. 14297

Comment Period Expires: December 21, 2015

Submit Comments

 

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

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

N/A
 

Adopted Rules

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

Hospital Report Card Code
(77 Ill. Adm. Code 255)

Date Published: January 22, 2016

Illinois Register Citation: 40 Ill. Reg. 1833

Effective Date: January 5, 2016

 

This rulemaking seeks to eliminate hospital Surgical Care Improvement Project (SCIP) reporting to the Department. The SCIP measures are part of the Centers for Medicare and Medicaid (CMMS) Medicare Inpatient Prospective Payment System. The data for these measures is concurrently submitted to CMMS and accessible for download. The Department’s no-cost vendor, CompData, is unable to process this data because of the resources needed to update the code associated with ongoing changing definitions and requirements. In addition, CMMS is planning phased retirement of these measures beginning in January 2015, as most hospitals are successfully meeting target quality goals of 95% or better. Language in the rule will be updated and the Compliance Section repealed as hospitals have met the initial reporting phase in requirements.


Adverse Health Care Event Reporting Code
(77 Ill. Adm. Code 235)

Date Published: January 8, 2016

Illinois Register Citation: 40 Ill. Reg. 375

Effective Date: December 23, 2015

 

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.


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

Date Published: December 28, 2015

Illinois Register Citation: Pending

Effective Date: December 11, 2015

 

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.


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

Date Published: November 6, 2015

Illinois Register Citation: 39 Ill. Reg. 14586

Effective Date: November 17, 2015

 

This rulemaking seeks to allow laboratories that test drinking water to use additional vendors as proficiency test providers for microbiology drinking water to include those test providers recognized by The NELAC Institute (TNI) in addition to those accredited by the American Association for Laboratory Accreditation. Laboratories will not be required to use the vendors, but rather may use the vendor the laboratory determines will best benefit the laboratory operation. The addition of additional methods of testing and vendors will increase competition with the potential for reduction of costs to the laboratory. Currently, there is only one acceptable testing method and only venders accredited by the American Association for Laboratory Accreditation may be used. The rulemaking adds certification for “TECTA EC/TC Automated Microbiology System” as an alternate test procedure for detecting coliform and E. coli in water samples. The rulemaking also changes references to the General Education Development (GED) test to high school equivalency certificate.

 

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

Date Published: September 18, 2015

Illinois Register Citation: 39 Ill. Reg. 13075

Effective Date: September 8, 2015

 

This rulemaking is being proposed to implement P.A. 98-0608 and P.A. 0881 which provide for ambulance service and provider upgrades in rural population areas. The rulemaking will also implements P.A. 98-0234 which requires the Department to notify the Governor when an Illinois EMS crew member is killed in the line of duty.

 

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

Date Published: September 18, 2015

Illinois Register Citation: 39 Ill. Reg. 13041

Effective Date: September 3, 2015

 

This rulemaking is being proposed to implement Public Act 98-683, which mandates that hospitals pay annual license fee and allows rehabilitation hospitals to discontinue or not provide emergency services, and Public Act 96-1116, which mandated that hospitals provide educational materials on sudden infant death syndrome to new mothers. Other proposed amendments update the requirements for disposing of waste; and establish minimum requirements for hospital-based outpatient surgery programs in separate buildings.

 

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

Date Published: September 11, 2015

Illinois Register Citation: 39 Ill. Reg. 12584

Effective Date: August 26, 2015

 

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: September 11, 2015

Illinois Register Citation: 39 Ill. Reg. 12586

Effective Date: August 26, 2015

 

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.

 

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

Date Published: August 28, 2015

Illinois Register Citation: Pending

Effective Date: August 14, 2015

 

The rulemaking provides information about enforcement of the Smoke Free Illinois Act.

Frequently Asked Questions


Withdrawn Rules

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

There are no withdrawn rules posted at this time.
 


 
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