2-112-150 Compulsory vaccination limitations.

   The Commissioner shall not pass any rule which will compel any person to submit to immunization or to any medication against his will or without his consent, or in the case of a minor or other person under disability, without the consent of his parent, guardian, or conservator, except when there shall be an epidemic of a disease, or an epidemic is or appears to be imminent, and such a rule is necessary to arrest the epidemic and safeguard the health of the City.

(Prior code § 9-15; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-190. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-150 as current § 2-112-100.

2-112-160 Disinfection of premises.

   The Department shall have power to cause any building or any premises to be cleansed, disinfected, or closed to visitors and prevent persons from entering thereto while any such building or premises contains any person having communicable disease. The Commissioner may direct any nuisance to be abated, or unwholesome matter or substance to be removed from any building or premises, and may prescribe the time and mode of doing so, and take any other measures it may deem necessary and proper to prevent the spread of any communicable disease.

(Prior code § 9-16 (a); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-200. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-160 as current § 2-112-110.

2-112-170 Power to order vacation of premises.

   The Department shall have the power and is hereby authorized to cause the vacation of buildings and/or premises where such buildings or premises, or any portion thereof, are found to be unfit for human habitation from any of the conditions deemed as health, safety, or environmental hazards.

(Prior code § 9-16 (b); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-210. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-170 as current § 2-112-130.

2-112-180 Health and safety hazards – Investigation authority.

   The Department is hereby authorized to investigate all premises where business and/or manufacturing is carried out for the purpose of determining that such premises are free from health and safety hazards which might affect the health and safety of persons employed therein or of the general public who may enter such premises.

(Prior code § 9-16 (c); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-220. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-180 as current § 2-112-140.

2-112-190 Health-related agreements with the Chicago Board of Education and other City of Chicago schools.

   The Commissioner is authorized to negotiate and execute, with the Chicago Board of Education, intergovernmental agreements for the promotion and/or protection of public health. The Commissioner is also authorized to negotiate and execute, with the board of directors or governing body of any entity managing, controlling or operating any secular or non-secular elementary, middle or secondary school within the City, agreements for the provision, by or through the Department, of dental and/or vision services to students at such schools. The Commissioner is authorized to perform any and all acts, including the 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, and including provisions providing indemnification.

(Added Coun. J. 5-13-09, p. 61085, § 1; Amend Coun. J. 5-6-15, p. 108290, § 1; Amend Coun. J. 1-23-19, p. 94245, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-230. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-190 as current § 2-112-150. Coun. J. 10-3-01, p. 68130, § 1, repealed former § 2-122-230, which pertained to communicable disease hospitals.

2-112-200 Health-related agreements authorized under the National and Community Services Trust Act.

   The Commissioner is authorized to negotiate and execute agreements, with appropriate persons or entities, including, but not limited to, the Public Health Institute of Metropolitan Chicago, in connection with the implementation of programs authorized under the National and Community Services Trust Act of 1993, codified at 42 U.S.C. 12651, et seq. Such agreements shall contain terms and conditions that the Commissioner deems to be appropriate. The Commissioner is authorized to perform any and all acts, including the 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, and including provisions providing indemnification. If, pursuant to any such agreement, the Department will act as a host site for a national service volunteer, such agreement shall be subject to review and approval by the Inspector General, or the Inspector General's designee, for compliance with the provisions of the City's hiring plan, as defined in subsection (a) of Section 2-56-035, and related policies and procedures.

(Added Coun. J. 7-24-13, p. 57873, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-233. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-200 as current § 2-112-160.

2-112-205 Essential service contracts.

   (a)   Definitions. For purposes of this section, the following definitions shall apply:

   “Commissioner” means the Commissioner of Public Health, or the Commissioner’s designee.

   “Contract” means an agreement entered into between the City, through the Department of Public Health, and a Contractor to perform Essential Services.

   “Contractor” means a person, as defined by Section 1-4-090(e), contracting directly with the City through the Department of Public Health to perform Essential Services, where the Contractor has 20 or more employees. “Contractor” does not include hospitals licensed pursuant to the Illinois Hospital Licensing Act, 210 ILCS 85, or any hospital affiliate as defined by the Illinois Hospital Licensing Act, 210 ILCS 85/10.8(b), or any hospital licensed pursuant to the University of Illinois Hospital Act, 110 ILCS 330.

   “Employee” means those employees directly performing Essential Services under a Contract. The term “Employee” excludes employees who work for the Contractor, but do not provide Essential Services under the Contract, management or supervisory or other employees who do not enjoy a right to engage in strikes, work stoppages, or other concerted activities.

   “Essential Services” means health and social services.

   “Labor Peace Agreement” means an agreement between a Contractor and a labor organization that:

      (i)   prohibits the labor organization and its members from engaging in work stoppages, boycotts, or any other activity that may interfere or hinder the performance of a Contract for the duration of the Contract; and

      (ii)   contains a means of resolving disputes between the Contractor and the labor organization.

   (b)   Terms of contracts.

      (1)   The Commissioner, in the interest of preventing a disruption of Essential Services and protecting the City’s financial and proprietary interest in the provision of such Essential Services, shall ensure that all Contracts that are entered into after the effective date of this section shall require:

         (A)   Written notice be provided by the Contractor to the Commissioner administering the Contract, or the Commissioner’s designee, within 72 hours of when the Contractor:

            (i)   becomes aware of any threatened, imminent, or actual strike, work stoppage, or other concerted activity that may interfere or hinder the work performed by Employees;

            (ii)   is informed that Employees seek to be represented by a labor organization, join a labor organization, or otherwise elect to self-organize for the purpose of engaging in concerted activity;

            (iii)   receives a notice or announcement from a labor organization that it represents or seeks to represent the Employees; or

            (iv)   enters into a Labor Peace Agreement, Collective Bargaining Agreement, or the expiration or breach of any such agreement.

         (B)   That the Contractor shall not prohibit, retaliate, or otherwise coerce Employees with respect to rights guaranteed by the First Amendment of the United States Constitution or any other rights afforded by federal or state laws.

      (2)   Within 90 days of subsection (b)(1)(A)(ii) or subsection (b)(1)(A)(iii) occurring, that the Contractor enter into a Labor Peace Agreement with the labor organization.

   (c)   The provisions of subsection (b) shall be material terms of any Contract entered into by the City, the breach of which by a Contractor shall be grounds to terminate or decline to renew the Contract.

   (d)   A Contractor is in compliance with this Section 2-50-205* if: (1) the Contractor remains in compliance with subsection (b); or (2) the Contractor and the Employees have a collective bargaining agreement with a labor organization; or (3) no labor organization represents or seeks to represent the Employees.

* Editor’s note – As set forth in Coun. J. 3-20-24, p. 10570, § 2; intended reference is likely § 2-112-205. Future legislation will correct if needed.

   (e)   The Commissioner is authorized to administer and enforce this section and to promulgate any rules, jointly with the Commissioner of Family and Support Services, necessary or useful to implement this section.

   (f)   Noninterference. This section shall not be construed to require a Contractor, through mediation, arbitration, or otherwise, to change terms and conditions of employment for its Employees, recognize a labor organization as the bargaining representative for its Employees, adopt any particular recognition process, or enter into a collective bargaining agreement with a labor organization.

   (g)   This section shall not be construed to require the City or a Contractor to violate any term or condition of a grant from any federal, state, or other source.

(Added Coun. J. 3-20-24, p. 10570, § 2)

2-112-210 Agreements for health screening and diagnostic services.

   The Commissioner is authorized to negotiate and execute, with public or private entities, agreements to provide health screening and other diagnostic services for clients whose health care is being managed by the Department, and to perform any and all acts, including the 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, and including provisions providing indemnification.

(Added Coun. J. 4-18-12, p. 23663, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-235. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-210 as current § 2-112-170.

2-112-220 Clinical health services agreements.

   The Commissioner is authorized to negotiate and execute agreements with hospitals, community health centers and other health care providers for the provision of clinical services within Department health centers and clinics, such agreements to contain such terms and conditions as the Commissioner deems necessary. The Commissioner is authorized to perform any and all acts, including the 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, and including provisions providing indemnification.

(Added Coun. J. 9-8-10, p. 99157, § 1; Amend Coun. J. 3-9-11, p. 113566; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 4; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Editor's note – Formerly § 2-112-240. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-220 as current § 2-112-180. Coun. J. 5-24-06, p. 76974, § 1, repealed a former § 2-112-240, which pertained to an alcoholism rehabilitation center.