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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 I, § 1, repealed former § 2-112-050, which pertained to meetings – quorum.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 I, § 1, repealed former § 2-112-060, which pertained to delegation of president's authority.
(a) The Commissioner is authorized to issue rules necessary or proper for the administration or enforcement of health ordinances, including but not limited to the provisions of this Code pertaining to the regulation of food establishments, including Chapters 4-8, 7-38, 7-40, and 7-42 of this Code, and for the administration or enforcement of environmental ordinances. The Commissioner shall not enact any rule, except those emergency rules described in subsection (b), until the Commissioner holds a public hearing on such rule or until the Commissioner provides an opportunity for the public to submit comments in written or electronic form. If the Commissioner holds a public hearing, the Commissioner shall give not less than ten (10) calendar days' notice of the time and place of such hearing by publication in a prominent location on the Department's website. The Commissioner shall also e-mail notices of all public hearings to persons who file a request with the Department for notice of the Commissioner's intention to issue such rules. If the Commissioner solicits written or electronically submitted comments, the Commissioner shall give public notice by e-mailing a notice of the solicitation of comments to all persons who file such a request with the Department and by publishing such notice in a prominent location on the Department's website with the text of the proposed rule. The Commissioner shall accept written or electronically submitted comments for a period of not less than thirty (30) calendar days from the date of the notice. However, the Commissioner shall have the power to make reasonable administrative and procedural rules interpreting or clarifying the requirements that are specifically prescribed in this chapter and Chapters 4-8, 7-38, 7-40, 7-42, and 11-4 of this Code, without notice, hearing or solicitation of written or electronically submitted comments.
(b) The requirements for notice, hearing, and solicitation of comments shall not apply when immediate effectiveness is required to address an imminent or actual emergency. As soon as practicable after promulgation, such emergency rules shall be published on the Department's public website with notice that they are in force in the City.
(Prior code § 9-7; Amend Coun. J. 3-10-99, p. 91043; Amend Coun. J. 12-13-17, p. 63286, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 5; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-100. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-070 as current § 2-112-040.
The Commissioner shall determine from time to time what disease occurrence shall be reported to the Department. All physicians shall report these diseases upon their occurrence, when the Commissioner so directs. Where a disease occurrence shall be identified, whether in a hospital or institution, the responsibility for reporting shall be placed on the head of that institution or upon the attending physician depending upon the bylaws of said institution. In the event that there is no provision by bylaw, both parties shall be responsible.
(Prior code § 9-9; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-130. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-080 as current § 2-112-050.
The Commissioner shall perform the function of planning all aspects of health systems within the Commissioner's jurisdiction. This may be accomplished by employing a staff of persons competent in this function or by contract or agreement using the resources of another department of City government or by contract or agreement with a suitable health planning agency or a combination of the three.
The Commissioner shall have the power to make the Chicago health plan a part of the plan for a larger geographical area and to this end may contract or enter into agreements with other units of government. The Commissioner, with the approval of the Mayor, is authorized to institute such procedures as the Commissioner finds necessary to implement the health plan. These may include, but will not be limited to remodeling of facilities, determination of the kinds of ambulatory services and public health programming to be conducted in the City, the extent of the services or programming to be rendered, and the requirements of equipment and professional qualifications of staff.
(Prior code § 9-10; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)
Editor's note – Formerly § 2-112-140. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-090 as current § 2-112-060.
(a) The Commissioner shall have the power to: (i) apply for gifts and grants of services, equipment, supplies, materials, or funds from the United States, the State of Illinois, other government entities, their agencies or officers, or from any person, foundation, association, not-for-profit corporation, firm or corporation, and (ii) enter into contracts and agreements resulting in gifts or grants from these and other sources. The Commissioner shall notify the Mayor, the Budget Director, and the Comptroller of each such action. The Commissioner shall have the power to expend such receipts on projects that implement the policies of the Department of Health, including through agreements to address public health threats, provided that all expenditures of grant and/or contract funds shall be subject to the same policies and practices as the expenditure of corporate funds, including the provisions of career service rules.
(b) The Commissioner shall have the power to: (i) make grants or subgrants of duly appropriated funds, (ii) make grants or subgrants of personal property including, but not limited to, vaccines, HIV testing kits and condoms, (iii) execute or amend grant or subgrant agreements to effectuate the purposes of this subsection (b), and (iv) execute such documents and provide any information, assurances or certifications necessary or appropriate to effectuate the purposes of this subsection (b).
(c) The Commissioner shall encourage and conduct such studies, investigations and research as in his judgment will promote and improve public health. Such activity may be carried out jointly with public or private entities. In furtherance thereof, the Commissioner shall have the power to enter into agreements with public and private entities for the sharing and other use of public health-related data. Any such agreements shall comply with applicable law governing privacy. In order to effectuate such agreements, the Commissioner is authorized: (i) subject to the availability of duly appropriated funds, to pay application, processing, and other fees, and (ii) to execute ancillary documents and provide ancillary information, assurances or certifications. Nothing in this chapter shall be construed to create an obligation to enter into a data use agreement prior to the sharing or other use of public health-related data.
(d) The Commissioner shall have the power to enter into contracts with health plans, insurance companies, and managed care entities for reimbursement for health care services provided by the department, including clinical, planning, data analysis, care coordination, quality improvement, and data sharing.
(e) Subject to approval of the Corporation Counsel as to form and legality, the Commissioner shall have the power to negotiate and enter into agreements with other government entities for the purpose of furthering public health initiatives, including, but not limited to, the placement of vending machines for dispensing harm reduction supplies, installation and operation of weather stations and air monitors to monitor air quality and pollution, and wastewater surveillance to monitor pathogens of public health concern. Any such agreement may provide for indemnification. Any City expenditure pursuant to such an agreement shall be subject to the availability of duly appropriated funds.
(Prior code § 9-11; Amend Coun. J. 2-15-12, p. 20494, § 1; Amend Coun. J. 1-17-13, p. 45270, § 1; Amend Coun. J. 1-21-15, p. 101757, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. X, § 1; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 1)
Editor's note – Formerly § 2-112-150. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-100 as current § 2-112-070.
The Commissioner of Public Health shall have the following powers and duties:
(a) Public health related powers and duties:
(1) To enforce all the laws of the state and provisions of this Code in relation to matters pertaining to the public health and sanitary conditions of the City, including Section 8-16-024;
(2) To enforce all regulations of any federal, state, or local authority with power to make regulations concerning the public health;
(3) To cause all nuisances affecting the health of the public to be abated with all reasonable promptness;
(4) To determine when a disease is communicable or epidemic, and establish measures and rules necessary to protect the public health;
(6) To enter into contracts with hospitals and healthcare facilities within the City to allow medical directors employed by the Department to provide clinical services and/or care at such hospitals and facilities for the purpose of enabling such employees to maintain clinical skills and/or certifications related to their position at the Department. Such contracts shall be subject to approval of the corporation counsel as to form and legality;
(7) To request, collect, receive, and maintain confidential information, records, specimens, and data, including protected health information consistent with 45 C.F.R. § 164.512(b)(1)(i), for the purpose of preventing or controlling disease, injury, or disability. The confidential information, records, specimens, and data may support activities including, but not limited to, the reporting of disease, injury, or vital events such as birth or death; the conducting of public health surveillance, public health investigations, and public health interventions; the performance of epidemiological studies; and the application of data science methods or other analytic models that protect and promote public health. Any person required to provide such information, records, specimens, and data to any local, state, or federal government agency shall, at the request of the Commissioner, or as set out in rules promulgated in furtherance of this subsection, also provide it to the Department, except where prohibited by law. The Commissioner is authorized to contract with a person to act as a public health authority, as defined at 45 C.F.R. § 164.501, which person may collect, receive, and maintain confidential information, records, specimens, and data, including protected health information consistent with 45 C.F.R. § 164.512(b)(1)(i), for the purpose of preventing or controlling disease, injury, or disability.
(8) To issue subpoenas to compel the attendance and testimony of witnesses and the production of books, papers, records, documents, data and other information relevant to public health investigations that the Commissioner conducts (i) pertaining to a serious public health threat; or (ii) to locate persons who may have been exposed to an agent which can seriously affect their health.
Except as otherwise provided in this subsection, a subpoena shall be served in the same manner as subpoenas issued under the Rules of the Illinois Supreme Court to compel appearance of a deponent, and subject to the same witness and mileage fees fixed by law for such subpoenas.
A subpoena issued under this subsection shall identify the person to whom it is directed and the documents or other items sought thereby, if any, and the date, time and place for the appearance of the witness and production of the documents or other items described in the subpoena. Except for investigations related to a public health emergency, as determined by the Commissioner, the date for examination or production shall not be less than seven days after service of the subpoena. The Commissioner shall determine the date for examination or production for investigations related to a public health emergency on a case-by-case basis, considering the need to preserve the public health and safety. For purposes of this subsection, the term "public health emergency" includes a threat to the public health or safety that is expected to occur within a reasonably short time, or that is present now, although the impact of the threat may not be felt until later.
No later than the time for appearance or production required by the subpoena, the person to whom the subpoena is directed may object to the subpoena, in whole or in part. The objection shall be in writing, delivered to the Commissioner, and shall specify the grounds for the objection. Except in cases of a public health emergency, for seven days after receipt of a timely objection to a subpoena, no action shall be taken to enforce the subpoena or to initiate prosecution of the person to whom the subpoena is directed. During this seven-day period, the Commissioner shall consider the grounds for the objection and may attempt to resolve the objection through negotiation with the person to whom the subpoena is directed. The seven-day period may be extended by the Commissioner in order to allow completion of any negotiations. The extension shall be in writing addressed to the person to whom the subpoena is directed, and shall specify the date on which the negotiation period will end. Negotiations may include such matters as the scope of the subpoena and the time, place and manner of response thereto. The filing of an objection to a subpoena, and negotiations pursuant to an objection, shall not constitute refusal to comply with the subpoena, or interference with or obstruction of an investigation.
No person shall willfully refuse to comply with a subpoena issued by the Commissioner, or otherwise knowingly interfere with or obstruct an investigation conducted by the Commissioner. Any person who willfully violates this subsection shall be subject to a fine of not less than $300.00 and not more than $500.00 for each such offense, or imprisonment for a period of not less than 30 days and not more than six months, or both a fine and imprisonment. Each day that a violation continues shall constitute a separate and distinct offense. Actions seeking the imposition of a fine only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure. Actions seeking incarceration, or incarceration and a fine, shall be filed and prosecuted as misdemeanor actions under the procedure set forth in Section 1-2-1.1 of the Illinois Municipal Code. Only the Corporation Counsel is authorized to initiate actions to enforce subpoenas issued pursuant to this subsection.
Nothing in this section shall affect the right of the recipient of a subpoena issued pursuant to this subsection to seek judicial review in accordance with applicable law.
Nothing provided in this subsection shall be construed to prohibit the Commissioner from taking any action necessary to preserve the public health as provided under the Commissioner's rulemaking authority pursuant to Section 2-112-070.
(9) For the purpose of carrying out the requirements of this Code, relating to the public health, the Commissioner or anyone authorized to act for the Commissioner shall be permitted at all times to enter into any structure in order to make a thorough examination to determine the presence or absence of health hazards.
(b) Environmental protection powers and duties:
(1) To supervise the execution of and implement all laws, ordinances, and rules pertaining to environmental protection and control as provided in Chapter 11-4 of the Municipal Code of Chicago;
(2) To institute necessary proceedings to prosecute violations of Chapter 11-4, and all other provisions of this Code which the Commissioner is expressly authorized to enforce, and otherwise to compel the prevention and abatement of the issuance of smoke or gases, solids or liquids or other matter causing air or water pollution, and nuisances arising therefrom;
(3) To examine and approve the plans of fuel-burning, combustion or process equipment, devices, or areas, furnaces, and smoke prevention, air pollution, water pollution devices installed, constructed, reconstructed, repaired or added to in any building, location or on any premises within the City of Chicago as herein provided to assure that they are in accordance with the requirements of Chapter 11-4;
(4) To make inspections of newly installed, constructed, reconstructed, repaired or altered fuel-burning, combustion or process equipment, devices, or areas, furnaces, and smoke prevention, air pollution, water pollution control devices, storage tanks and waste handling facilities, and to make annual or periodic inspections to determine whether compliance is being had with the provisions of Chapter 11-4;
(5) To investigate complaints of violations of Chapter 11-4 and to make inspections and observations of environmental conditions;
(6) To issue rules necessary or proper for the implementation of environmental ordinances and to accomplish the purposes of Chapter 11-4 pursuant to Section 2-112-070, and to publish a code of recommended practices under which Chapter 11-4 is to be administered, providing with clarity and in detail the necessary information by which the public is to be guided and to establish standards of quality;
(7) To publish adopted rules or standards and the code of recommended practices in a convenient form;
(8) To prepare and maintain a record of all orders issued by the Department;
(9) To issue all permits, certificates, notices or other documents required under the provisions of Chapter 11-4;
(10) To issue an emergency or a non-emergency cessation order or an emergency or a non-emergency abatement order in accordance with the provisions of Section 11-4-025 of this Code and abate conditions that create a threat to public health;
(11) To enforce the provisions of Section 15-28-755 of this Code;
(12) To encourage and conduct studies, investigations and research, including joint cooperative investigation and research with public and private agencies and organizations, relating to the environmental protection authorities conferred on the Commissioner pursuant to subsection (b) of this section, as the Commissioner may deem advisable and necessary;
(13) To advise, consult and cooperate with other agencies of the state and federal governments, and other governmental agencies to advance environmental protection in furtherance of the purposes of Chapter 11-4 of this Code;
(14) To enter into grant agreements, cooperation agreements and other agreements or contracts with governmental entities, private business and civic and community groups to implement the environmental protection powers and duties conferred on the Commissioner pursuant to subsection (b) of this section, and to implement pharmaceutical and other waste disposal programs, as the Commissioner may deem advisable and necessary, and to enter into and execute all such other instruments and to perform any and all acts, including the allocation and expenditure of funds subject to appropriation therefor, as shall be necessary or advisable in connection with the implementation of such agreements, including any renewals thereto;
(15) Subject to the approval of the Corporation Counsel, to negotiate and execute on behalf of the City a lease, right of entry or other agreement authorizing the City to use or occupy, on a temporary basis, land owned or controlled by another for purposes of conducting an inspection, investigation, remediation, or other activities authorized in subsection (b) of this section;
(16) To participate or otherwise engage in the City's emergency preparedness and emergency response activities.
(c) To do any and all other acts which may be necessary for the implementation of other powers conferred on the Commissioner under this Code.
(Prior code § 9-12; Amend Coun. J. 6-28-00, p. 36752, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 4; Amend Coun. J. 1-17-13, p. 45270, § 1; Amend Coun. J. 6-5-13, p. 54715, § 1; Amend Coun. J. 6-5-13, p. 55787, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XIII, § 5; Amend Coun. J. 12-13-17, p. 63286, § 1; Amend Coun. J. 1-17-18, p. 64706, § 1; Amend Coun. J. 11-7-18, p. 88803, § 5; Amend Coun. J. 1-23-19, p. 94242, § 1; Amend Coun. J. 11-24-20, p. 24003, Art. II, § 1; Amend Coun. J. 2-24-21, p. 27635, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 11 and Art. III, § 1)
Editor's note – Formerly § 2-112-160. Coun. J. 2-24-21, p. 27657, Art. I, § 1, repealed former § 2-112-110, which pertained to emergency rules.
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