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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn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

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

Date Published: July 17, 2015

Illinois Register Citation: 39 Ill. Reg. 9866

Comment Period Expires: August 31, 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.

 

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.

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: May 8, 2015

Illinois Register Citation: 39 Ill. Reg. 6217

JCAR Meeting: August 11, 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: May 8, 2015

Illinois Register Citation: 39 Ill. Reg. 6184

JCAR Meeting: August 11, 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.

 

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

Date Published: August 15, 2014

Illinois Register Citation: 38 Ill. Reg. 17283

JCAR Meeting: August 11, 2015

 

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.

 

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

Date Published: March 6, 2015

Illinois Register Citation: 39 Ill. Reg. 3355

JCAR Meeting: June 14, 2015

 

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

JCAR Meeting: June 14, 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: February 13, 2015

Illinois Register Citation: 39 Ill. Reg. 2251

JCAR Meeting: June 14, 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.

 

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

JCAR Meeting: June 14, 2015

 

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

JCAR Meeting: June 14, 2015

 

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

JCAR Meeting: June 14, 2015

 

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.

 

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.

 

Adopted Rules

Emergency | First Notice | Second Notice | Regulatory Agenda | Withdrawn

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

Date Published: August 7, 2015 (Pending)

Illinois Register Citation: Pending

Effective Date: July 24, 2015

 

This rulemaking updates definitions and surveillance criteria for reporting carbapenem-resistant Enterobacteriaceae (CRE) to allow the Illinois Department of Public Health to be consistent with the Centers for Disease Control and Prevention’s (CDC) reporting requirements for CRE.

 

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

Date Published: July 31, 2015 (Pending)

Illinois Register Citation: Pending

Effective Date: July 15, 2015

 

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

 

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

Date Published: July 17, 2015

Illinois Register Citation: Pending

Effective Date: July 2, 2015

 

This rulemaking updates Appendix A with respect to the federal poverty level changing from the 2014 federal poverty level.

 

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

Date Published: July 10, 2015

Illinois Register Citation: Pending

Effective Date: June 25, 2015

 

This rulemaking creates a new Part to implement a grant program under the Quality of Life Endowment Fund.

 

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

Date Published: June 5, 2015

Illinois Register Citation: Pending

Effective Date: May 22, 2015

 

This rulemaking creates a new Part 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.

 

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

Date Published: May 29, 2015

Illinois Register Citation: Pending

Effective Date: May 15, 2015

 

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. This rulemaking is identical to the emergency rulemaking filed to assist the Department in meeting the mandate to approve 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.

 


Withdrawn Rules

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

There are no withdrawn rules posted at this time.
 


 
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