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| Regulatory Agenda | Withdrawn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First Notice | Second Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: Pending

Illinois Register Citation: Pending

Effective Date: March 28, 2014

Expiration Date: August 24, 2014

 

The rulemaking amends Appendix A to include the 2014 Federal Poverty Guidelines, which were published in the Federal Register on January 22, 2014. In accordance with the statute and Section 692.10 of the rules, applicants who meet the medical eligibility requirements must meet income requirements based on the Guidelines. Under the Ryan White HIV/AIDS Treatment Extension Act of 2009 [Public Law 111-87, 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, 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.

 

 

Rules in the First Notice Period

Emergency | Second Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: April 11, 2014

Illinois Register Citation: 38 Ill. Reg. 7783

Comment Period Expires: May 26, 2014

Submit Comments

 

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

 

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

Date Published: April 11, 2014

Illinois Register Citation: 38 Ill. Reg. 7785

Comment Period Expires: May 26, 2014

Submit Comments

 

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.

 

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

Date Published: April 11, 2014

Illinois Register Citation: 38 Ill. Reg. 7808

Comment Period Expires: May 26, 2014

Submit Comments

 

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.

 

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

Date Published: April 4, 2014

Illinois Register Citation: 38 Ill. Reg. 7490

Comment Period Expires: May 19, 2014

Submit Comments

 

The Emergency Medical Services, Trauma Center, Primary Stoke Center and Emergent Stroke Ready Hospital Code is being amended to improve Special Emergency Medical ServicesVehicle (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.

 

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

Date Published: February 21, 2014

Illinois Register Citation: 38 Ill. Reg. 5142

Comment Period Expires: April 7, 2014

Submit Comments

 

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.

 

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

Date Published: January 31, 2014

Illinois Register Citation:

Comment Period Expires: March 17, 2014

Submit Comments

 

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.

 

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

Date Published: January 24, 2014

Illinois Register Citation: 38 Ill. Reg. 2723

Comment Period Expires: March 3, 2014

Submit Comments

 

To establish compliance with 40 CFR Parts 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.
 

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

Date Published: October 4, 2013

Illinois Register Citation: 37 Ill. Reg. 15608

Comment Period Expires: November 18, 2013

Submit Comments

Notice of Public Hearing

 

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.

 

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

Date Published: September 13, 2013

Illinois Register Citation: 37 Ill. Reg. 14565

Comment Period Expires: October 28, 2013

Submit Comments

 

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

The proposed 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).

 

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

Date Published: July 19, 2013

Illinois Register Citation: 37 Ill. Reg. 11128

Comment Period Expires: September 2, 2013

Submit Comments

 

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.

 

 

Rules in the Second Notice Period

Emergency | First Notice | Adopted | Regulatory Agenda | Withdrawn

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

Date Published: May 10, 2013

Illinois Register Citation: 37 Ill. Reg. 6135

JCAR Meeting: April 7, 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: April 26, 2013

Illinois Register Citation: 37 Ill. Reg. 5309

JCAR Meeting: April 7, 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 those technologies and methods that use natural resources more effectively and protect public health. Modifications to format, style, and numbering are being made 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. The purpose of the new Subpart N is to provide a comprehensive set of technically sound provisions that encourage sustainable practices and work towards enhancing the design and construction of plumbing systems that result in a positive long-term environmental impact.

 

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

Date Published: January 24, 2014

Illinois Register Citation: 38 Ill. Reg. 2787

JCAR Meeting: April 7, 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: January 17, 2014

Illinois Register Citation: 38 Ill. Reg. 1794

JCAR Meeting: April 7, 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: January 17, 2014

Illinois Register Citation: 38 Ill. Reg. 1801

JCAR Meeting: April 7, 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.

 

 

Adopted Rules

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

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

Date Published: Pending

Illinois Register Citation: Pending

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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