04-O-13

ORDINANCE

Sponsored by

THE HONORABLE JOHN H. STROGER, JR., PRESIDENT AND JERRY BUTLER

COUNTY COMMISSIONERS

Co-Sponsored by

THE HONORABLE CARL R. HANSEN, EARLEAN COLLINS, FORREST CLAYPOOL,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, PETER N. SILVESTRI

AND BOBBIE L. STEELE, COUNTY COMMISSIONERS

 

Amendment to the Cook County Board of Health Ordinance

 

WHEREAS, the ordinance establishing the Cook County Board of Commissioners as the Cook County Board of Health and establishing the Cook County Board of Commissioners as the Cook County Board of Health and establishing the Cook County Department of Public Health was originally passed in 1943; and

 

WHEREAS, the Cook County Department of Public Health serves all areas of Cook County except those served by a health department certified by the Illinois Department of Public Health and also performs functions in areas throughout Cook County to the extent such functions are delegated to the Cook County Department of Public Health by the Illinois Department of Public Health; and

 

WHEREAS, Chicago, Evanston, Oak Park and Skokie, as well as Stickney Township, are currently served by health departments certified by the Illinois Department of Public Health; and

 

WHEREAS, revisions to this ordinance are needed to update references to State law which have changed since the Ordinance was initially adopted; and

 

WHEREAS, revisions are also needed to better protect the residents of Cook County from new and emerging public health threats, such as Severe Acute Respiratory Syndrome (SARS); and

 

WHEREAS, the appearance of SARS and heightened concerns about the responses required by local health authorities to potential bioterrorism have resulted in the need to review the local, state and federal provisions; and

 

WHEREAS, the United States Centers of for Disease Control and Prevention (CDC) requested that all local health departments have in place SARS plans which include procedures for the rapid and effective implementation of measures such as quarantine, isolation of closures of premises as required for the protective of the public’s health; and

 

WHEREAS, the proposed revisions provide clearer guidance and authority to the Cook County Department of Public Health with regard to immediate public health measures including the issuance of emergency regulations and including provisions for Board approval of Department regulations; and

 

WHEREAS, the proposed revisions balance the need to protect the public with the need to provide due process to individuals who have or who may have been exposed to, dangerously communicable diseases.

 

NOW, THEREFORE, BE IT ORDAINED THAT,

 

Section 1.  The Department of Public Health (Board of Health) Ordinance is hereby amended as set forth below:

 

DEPARTMENT OF PUBLIC HEALTH

(BOARD OF HEALTH)

 

5-200.       Department Established

5-201.       Board of Commissioners as Board of Health

5-202.       Mission and Policy

5-2023.     Jurisdiction

5-2034.     Board Powers and Duties

5-2045.     Department Organization

5-2056.     Department Powers and Duties Administration

5-207.       Measures Ordered by Department

5-208.       [reserved]

5-2069.     Petty Cash Account

5-20710.   Persons Authorized to Draw on Account

5-20811.   Auditing Account

5-20912.   Home Nursing Visits under Medicare

5-21013.   Home Health Service:  Definitions [reserved]

5-21114.   Home Health Service:  Authorization to Collect Fees [reserved]

5-21215.   Home Health Service:  Fee Schedule Regulations

5-21316.   Home Health Service:  Gifts and Bequests Ordinance Violations – Punishment

5-21417.   Search and Certification Fees Ordinance as Exercise of Home Rule Authority

5-218        Severability

Department Established

            5-200.  The Cook County Department of Public Health (“Department”) was established pursuant to provisions of the Act entitled “An Act in relation to the establishment and maintenance of county and multiple-county public health department,” approved July 9, 1943, as amended.

Board of Commissioners as Board of Health

5-201.  For the purpose of the operation and maintenance of the said Cook County Department of Public Health, the Board of Commissioners of Cook County does hereby organized and constituted itself as the Board of Health of Cook County for the purpose of carrying out the provisions of the said Act in a manner similar to other acts and duties of the County.  The President of the Board of Commissioners of Cook County is hereby designated and constituted the President of the Board of Health of Cook County.  The Secretary of the Board of Health of Cook County shall be such member of the Board of Health as shall be elected by the Board.  The Clerk of the Board of Commissioners of Cook County is hereby designated and constituted Assistant Secretary of the Board of Health of Cook County.  Except as otherwise provided, all references to the “Board” shall refer to the Board of Commissioners of Cook County, acting in its capacity as the Board of Health.

Mission and Policy

 

5-202.  It is the mission and policy of this Board to protect and promote the health of the people of Cook County and to prevent disease and injury through the activities of the Department as described in this Ordinance.  It is the further mission and policy of this Board to encourage appropriate collaboration between County, local, state and federal officials as well as private health promoting institutions.

 

Jurisdiction

5-2032.            The Board of Health Board and the Department shall have jurisdiction throughout the County of Cook entire county except within any city, village, or incorporated town, or combination thereof, which is maintaining a full time health department certified as defined by the Illinois Department of Public Health.  The Board and Department may have additional jurisdiction when acting pursuant to a specific delegation of responsibilities by the Illinois Department of Public Health.

Board Powers and Duties

5-2034.  Within its jurisdiction the Board of Health Board of Cook County shall exercise such powers and perform such duties as are granted unto it pursuant to by the statutes in the case made and provided and as are not inconsistent with the provisions of applicable statutes, applicable regulations of the Illinois Department of Public Health, and this Ordinance, including Rules and Regulations adopted pursuant hereto.

Department Organization

5-2045.  Organization of the Department.  Board of Health of Cook County Upon the recommendation of the Chief of Health Services, tThe The President and Members of the Board Board of Health of Cook County shall,: subject to the rules and regulations of the Cook County Human Resources Ordinance and upon the recommendation of the Chief of Health Services, except absence of such recommendation shall not prevent the Board of Health from acting with respect to these powers:.

1.         Appoint a Chief Executive Officer as the Cchief Ooperating Oofficer for the Department.  The Chief Executive Officer shall be qualified as either a Public Health Administrator or as a Medical Health Officer and shall possess such qualifications as may be prescribed by the State Department of Public Health, and who shall have the powers hereinafter provided;

2.         Appoint such other professional employees including, but not limited to, licensed physicians, who shall possess such qualifications as may be prescribed by the State Department of Public Health for their respective positions;

3.         Appoint such other officers and employees as may be necessary;

4.         Prescribe the powers and duties of all officers and employees, fix their compensation and authorize payment of the same and all other Department expenses from the County Health Fund, in accord with adopted budget for the Cook County Bureau of Health Services;

5.         Provide that all employees of the Public Health Unit of the Cook County Bureau of Public Welfare, as established on June 21, 1940, in cooperation with the Illinois Department of Public Health and the United States Public Health Service, shall continue to be employees in the same in the Department of Public Health. (Amend. Ord. 91-O-52; 09-30-91 and 03-O-08, 12-17-02.)

The Chief of Health Services shall submit recommendations to the President and the Board with respect to the items set forth in this Section.

Department Powers and Duties Administration

            5-2056.            The Chief Executive Officer, subject to the control of the Board of Health Board and to the direction of the Chief of Health Services, have charge of the Department’s staff and activities and shall delegate responsibilities to qualified personnel of the Department as necessary to efficiently carry out the activities of the Department pursuant to this Ordinance.  The Department of the Board of Health and shall have the following powers and duties:

 

            1.         Enforce and observe all applicable statutes, applicable regulations of the Illinois Department of Public Health, and this Ordinance, including Rules and Regulations adopted by the Department state law pertaining to the preservation of the public’s health;

            2.         Initiate and carry out, at the direction of the Board, programs and activities of all kinds not inconsistent with law that may be deemed necessary or desirable in the promotion and protection of health and the control of disease or conditions which threaten the public’s health;

3.         Adopt and eEnforce all rules and regulations regularly adopted, or those promulgated by the authorities having power to make rules and regulations concerning the promotion and protection of the public’s health including, but not limited to, rules and regulations requiring the reporting to the Department of circumstances defined by the Department which may result in action by the Department to protect the public’s health; or enforce applicable rules and regulations promulgated by other authorities having power to make such rules and regulations;

4.         Cooperate with federal and state health authorities to combat new or evolving public health threats and, where appropriate, make or adopt public health proclamations, guidelines, bulletins or health advice published or promoted, in any form, by federal or state health officials pertaining to the preservation of the public’s health;

5.         Coordinate the activities of the Department with other County, local, municipal and State offices to provide a coordinated response for the control of diseases or conditions which threaten the public’s health;

46.        Investigate the existence of any contagious or infectious diseases and take measures necessary to investigate the existence and prevent the spread of dangerously contagious diseases including, but not limited to, directing the performance of physical examinations and tests, the collection of laboratory specimens, the administration of vaccines, medications, or other treatments and the observation and monitoring of persons who may have been exposed to a dangerously contagious disease;

7.         Eenforce the regulations of the Department this Board of Health and applicable regulations of the authorities having the power to make such regulations; State Department of Public Health concerning the same;

58.        Determine when diseases are contagious or epidemic or when a danger to the public’s health exists and enforce quarantine regulations whenever he deems it necessary order those measures deemed necessary to protect the public’s health including, but not limited to, the quarantine or isolation of persons or closure of places when such action is required to protect the public’s health, until such time as the condition can be corrected or the danger to the public health eliminated or reduced in such a manner that no immediate threat to the public health any longer exists.

69.        Make all necessary sanitary and health investigations and inspections;

610.      Investigate and cause to be abated and cause all nuisances affecting the public health to be abated with all reasonable promptness according to in accordance with applicable law, including this Ordinance;

711.      Upon request, give professional advice and information to all city, village, incorporated town, and school authorities on matters pertaining to sanitation and public health;

812.      For any suspected violation of this Ordinance or state law, enter any building, structure or premises, according to law, for the purpose of determining whether there is a violation of any of the health provisions of this Ordinance or the health provisions of state law code;

13.        Cause to be confined, and specify the conditions of such confinement, any person who fails to comply with an order of the Department or the Court or who, in the judgment of the Department, may not be relied upon to comply with an order of the Department, where such confinement is necessary to protect the public health.

1014.    Cause to be arrested any person who violates an order of the Department of the Illinois Department of Public Health. any of the health provisions established by this Board of Health or of the State Department of Public Health.  (Res. 12-10-45, p. 167; Amend. Ord. 91-0-52, 9-30-91.)

15.        In a manner consistent with federal and state requirements, as applicable, during an occurrence of biological or chemical terrorism or during a declared disaster which threatens the public's health, request, and at sites designated by the CCDPH, receive and cause to be distributed pharmaceutical and medical supplies from the Illinois Pharmaceutical Stockpile, the Strategic National Stockpile and or any additional sources in order to aid the state and local emergency response authorities when local resources have been depleted or when the need for additional resources is reasonably anticipated.

16.        During a declared disaster which threatens the public’s health, take such actions as may be requested by the President of the Board or his designee in order to protect the health of the residents of Cook County.

Measures Ordered by Department

 

5-207.(a)  Issuance of Orders; Court Petitions.  The Department may order measures it deems necessary to protect the public’s health including, but not limited to, an order requiring that a person or a group of persons be quarantined or isolated or that a place be closed and made off limits to the public.  Such orders shall be issued with the consent of the person(s) or owner of the place affected or upon the prior order of a court of competent jurisdiction.  If, in the judgment of the Department, immediate action is required to protect the public health, the Department may order, on an immediate basis without prior consent or court order, measures it deems necessary to protect the public’s health including, but not limited to, an order requiring that a person or a group of persons be quarantined or isolated or that a place be closed and made off limits to the public, until such time as the condition can be corrected or the danger to the public health eliminated or reduced in such a manner that no immediate threat to the public health any longer exists.  In addition to other circumstances in which such orders are appropriate, the Department may order that an individual be quarantined or isolated in order to prevent the spread of a dangerously communicable disease when an individual refuses or fails to submit to measures required by the Department in order to investigate whether a person is or may be infected with or capable of communicating a dangerously communicable disease.  In the event of an immediate order issued without prior consent or court order, the Department shall, as soon as practicable thereafter, obtain the consent of the person or owner or file a petition requesting a court order authorizing the continuation of the order of the Department.  Pending a court order on the matter, all Department orders shall remain in full force and effect until lifted by the Department.  The County shall make payment of reasonable attorneys’ fees, if ordered by the Court, with respect to the representation of indigent persons who object to a Department order.

5-207.(b)  Enforcement of Orders.  A health care provider licensed in Illinois and a law enforcement officer with proper jurisdiction shall be authorized to enforce orders issued by the Department and orders of the Court with respect to public health measures and shall assist the Department in enforcing such orders.

5-207.(c)  Regulations.  The Department may promulgate rules and regulations as are reasonable and necessary to implement and effectuate the provisions of this Section, including rules and regulations providing for due process protections.

5-208.  [RESERVED]

Petty Cash Account

5-20609.  That the Cook County Department of Public Health is hereby authorized to set up a special account in a bank or depository to be known as “Cook County Department of Public Health-Petty Cash Account.”

Persons Authorized to Draw on Account

5-20710.  That the Chief Executive Officer Medical Officer, Business Manager, the Department’s Director of Financial Control and a Department one of employee acting in a fiduciary capacity of the Department shall be authorized to sign checks drawn on the aforementioned “Cook County Department of Public Health-Petty Cash Account” for payment of petty cash expenses; provided, however, that all checks so drawn shall be signed by at least two of the three persons so authorized to sign.

Auditing Account

5-20811.  That the “Cook County Department of Public Health-Petty Cash Account” shall be audited at the close of each fiscal year by the County Auditor and a report shall be filed with the Cook County Board of Commissioners. (Res. 6-27-60, p.2340.)

Home Nursing Visits under Medicare

5-20912.  The Cook County Department of Public Health is hereby authorized to coordinate the providing of home nursing visits to suburban Cook County under Medicare. (Res. 6-20-66, p. 2818.)

 

COLLECTION OF FEES FOR HOME HEALTH SERVICE

 

Definitions

 

            5-210.  Section 1.  For the purpose of this Ordinance, unless the context Otherwise requires:

 

            A.  “Department” means the County Health Department of the County of Cook.

 

            B.  “Board” means the Board of Health of the County of Cook.

 

            C.  “Home Health Agency” or “Agency” means the health department of the County of Cook which is responsible for providing the “Home Health Service” in accordance with the certification standards established by the Illinois Department of Public Health.

 

            D  “Home Health Service” means those items and services furnished to individuals, under the care of a physician, on a visiting basis in a place of residence used as such individuals home.  These services are provided by the Home Health Agency under a plan for furnishing such items and services to an individual, established and periodically reviewed by the patients physician, and includes par time  or intermittent nursing care provided by or under the supervision of a registered professional nurse, and the services of one or more of the following: physical, occupational, or speech therapy, medical social work, or part time or intermittent services or a home health aide.

 

Authorization to Collect Fees

 

            5-211.  Section 2.  Pursuant to Section 14 of “An Act in relation to the establishment and maintenance of county and multiple county public health department, approved July 9, 1943, as amended,” the Board of Health is authorized to collect fee for services rendered by the home health agency.

 

Fee Schedule

 

5  212.  Section 3.  The Board of Health has the power to establish a fee schedule which shall not be more than the actual cost based on accepted cost accounting methods of rendering home health service and to collect such fees from those person who receive these services or from public or private agencies which, pursuant to contract, agree to pay such fees on behalf of eligible persons.

 

Gifts and Bequests

 

            5- 213.  Section 4.  The Board is authorized to:

 

            A.        Accept gift and bequests for the purpose of administering the home health service program and to expend such gifts and bequests, or invest such gifts and bequests and expend the income there from, for the maintenance of such home health services.

 

            B.         Deposit all gifts and bequests received which are not otherwise invested, the income from those gifts and bequests which are invested, and all fee collected, in the “County Health Fund” to the credit of the “Home Health Service.”  (Ord. 7 25 66, p. 3154.)

 

Search and Certification Fees

 

5-214.  (a)  The Department of Public Health shall charge a fee of $7.00 for any search of the files of birth, death and fetal death records upon a written request from any applicant entitled to such search.  If, upon search, the record request is found, the custodian to whom the request was submitted shall furnish the applicant one certification of such record, or one certified copy of such record.

 

            (b)  A further fee of $2.00 shall be required for each additional certification or certified copy requested.  (Ord. 85 0 6, 12 3 84; Amend. Ord. 85-0 13, 12 17 84; Amend. 7 1 97.

5-213 to 5-214. [RESERVED]

5-215.  Regulations. The Department is authorized to issue rules and regulations in carrying out its duties under this Ordinance.  With the exception of emergency regulations, all regulations of the Department shall be submitted to the Board for approval prior to becoming effective.  Upon a determination that the public’s health will be endangered unless immediate regulatory action is taken, the Chief Executive Officer may adopt and enforce emergency regulations of the Department which shall remain in effect until the Board has adopted or rejected the emergency regulations or for a period of ninety days, whichever is shorter.  All regulations adopted by the Department shall be filed with the County Clerk and shall be available at the main offices of the Department.

Ordinance Violations –Punishment

5-216.  (a)  Any person who violates the provisions of this Ordinance, or any regulations promulgated hereunder, or any Department orders authorized under this Ordinance or under applicable law shall be guilty of a Class B misdemeanor and shall be subject to arrest and a fine of $1000 for each violation.

(b)  In addition to any other remedies permitted under this Ordinance, the Department or the State's Attorney may file a complaint in the Circuit Court of Cook County to enjoin any person from violating the provisions of this Ordinance, or any regulations promulgated hereunder or any Department orders provided for under this Ordinance.

Ordinance as Exercise of Home Rule Authority

5-217.  This Ordinance, as amended from time to time, is promulgated pursuant to the powers of the County of Cook as a home rule unit of local government under the 1970 Illinois Constitution, Article VII, Section 6, and shall supersede all state statutes to the extent that it may be in conflict with them, including without limitation, any of the provisions set forth in 55 ILCS 5/5-25001, et seq., as amended.

Severability

5-218.  Severability.  To the extent that any provision of this Ordinance is determined by a court of competent jurisdiction to be invalid, such provision shall be severable from the remaining provisions of this Ordinance which shall continue in full force and effect.

Section 2.  Effective Date.  The amendments set forth in this ordinance shall be effective upon adoption by the Board of Commissioners.

 

Approved and adopted this 9th day of March 2004.