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For purposes of this chapter, the following definitions shall apply:
"Commissioner" or "Commissioner of Public Health" or "Commissioner of Health" means the Commissioner of the Department of Public Health of the City of Chicago or his or her designee.
"Department" or "Department of Public Health" or "Department of Health" means the Department of Public Health of the City of Chicago.
(Added Coun. J. 12-13-17, p. 63286, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
There is hereby established an executive department of the municipal government of the City which shall be known as either the Department of Public Health of the City of Chicago or the Department of Health of the City of Chicago. The Department shall be administered by a Commissioner of Public Health, who shall either be a physician, duly licensed in Illinois, or have an advanced degree in a field related to public health and professional experience in public health administration or hospital administration. If the Commissioner is not a physician, at least one deputy commissioner of the Department shall be a physician, duly licensed to practice in Illinois. The Commissioner shall be appointed by the Mayor, by and with the advice and consent of the City Council.
(Prior code § 9-1(a); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1; Amend Coun. J. 10-27-21, p. 39525, § 7; Amend Coun. J. 3-20-24, p. 10134, § 1)
The Commissioner and the Department shall assume all rights, powers, duties, obligations and responsibilities of the Board of Health as of the effective date of this amendatory ordinance of 2021 except for those Board of Health powers and duties expressly retained. All personnel, books, records, property, and funds relating to the Board of Health shall be made available to the Department. The Department shall succeed to the rights and duties of the Board of Health under existing contracts, grants, loan agreements or programs, or other agreements or ordinances. All rules issued by the Board of Health or the Commissioner in effect as of the effective date of this amendatory ordinance of 2021 shall remain in effect until amended or repealed by the Commissioner.
(Prior code § 9-1(b); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
All matters pertaining to the administration of the staff of the Department and the proper protection and promotion of public health shall be in charge of the Commissioner of Public Health.
(Prior code § 9-1(c); Amend Coun. J. 3-21-90, p. 13545; Amend Coun. J. 6-28-00, p. 36752, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
The Commissioner shall have the right to arrest or cause to be arrested any person who violates any of the health provisions of this Code.
(Prior code § 9-5; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-070. Coun. J. 2-24-21, p. 27657, Art. I, § 1, repealed former § 2-112-040, which pertained to compensation.
The Commissioner shall have the power to exercise the general police power of the City of Chicago to correct, by whatever means are necessary, any health hazard that presents an immediate risk to the life or health of one or more citizens of the City of Chicago.
(Prior code § 9-6(a); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-080. Coun. J. 2-24-21, p. 27657, Art. I, § 1, repealed former § 2-112-050, which pertained to meetings – quorum.
The Commissioner and any employee acting under the Commissioner's direction, shall be held harmless for any official act performed in accordance with and under the authority of this chapter.
The City of Chicago shall represent and pay all costs, fees, settlements or verdicts associated with any claim or lawsuit filed against a volunteer health professional acting under the Commissioner's direction, or against a physician or dentist acting under the Commissioner's direction pursuant to a contract, if the claim or lawsuit arises out of duties associated with the Department and within the scope of those duties. However, the City of Chicago shall not pay any costs, fees, settlements, or verdicts associated with a claim or lawsuit filed against a physician or dentist acting under the direction of the Commissioner pursuant to a contract if the incident upon which the claim or lawsuit is based occurred more than 90 days following the date upon which the aforementioned contract was entered into.
(Prior code § 9-6(b); Amend Coun. J. 9-11-91, p. 4641; Amend Coun. J. 8-4-93, p. 36046; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-090. Coun. J. 2-24-21, p. 27657, Art. I, § 1, repealed former § 2-112-060, which pertained to delegation of president's authority.
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