(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013) Sec. 5-25013. Organization of board; powers and duties. (A) The board of health of each county or multiple-county health department
shall, immediately after appointment, meet and organize, by the election
of one of its number as president and one as secretary, and either from
its number or otherwise, a treasurer and such other officers as it may deem
necessary. A board of health may make and adopt such rules for its own guidance
and for the government of the health department as may be deemed necessary
to protect and improve public health not inconsistent with this
Division. It shall: 1. Hold a meeting prior to the end of each operating
fiscal year, at which meeting officers shall be elected for the ensuing operating fiscal year.
2. Hold meetings at least quarterly. 3. Hold special meetings upon a written request
signed by two members and filed with the Secretary or on request of the medical health officer or public health administrator.
4. Provide, equip and maintain suitable offices,
facilities and appliances for the health department.
5. Publish annually, within 90 days after the end of
the county's operating fiscal year, in pamphlet form, for free distribution, an annual report showing the condition of its trust on the last day of the most recently completed operating fiscal year, the sums of money received from all sources, giving the name of any donor, how all moneys have been expended and for what purpose, and such other statistics and information in regard to the work of the health department as it may deem of general interest.
6. Within its jurisdiction, and professional and
technical competence, enforce and observe all State laws pertaining to the preservation of health, and all county and municipal ordinances except as otherwise provided in this Division.
7. Within its jurisdiction, and professional and
technical competence, investigate the existence of any contagious or infectious disease and adopt measures, not inconsistent with the regulations of the State Department of Public Health, to arrest the progress of the same.
8. Within its jurisdiction, and professional and
technical competence, make all necessary sanitary and health investigations and inspections.
9. Upon request, give professional advice and
information to all city, village, incorporated town and school authorities, within its jurisdiction, in all matters pertaining to sanitation and public health.
10. Appoint a medical health officer as the executive
officer for the department, who shall be a citizen of the United States and shall possess such qualifications as may be prescribed by the State Department of Public Health; or appoint a public health administrator who shall possess such qualifications as may be prescribed by the State Department of Public Health as the executive officer for the department, provided that the board of health shall make available medical supervision which is considered adequate by the Director of Public Health.
10.5. Appoint such professional employees as may be
approved by the executive officer who meet the qualification requirements of the State Department of Public Health for their respective positions provided, that in those health departments temporarily without a medical health officer or public health administrator approval by the State Department of Public Health shall suffice.
11. Appoint such other officers and employees as may
be necessary.
12. 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 of the county or counties concerned.
13. Submit an annual budget to the county board or
boards.
14. Submit an annual report to the county board or
boards, explaining all of its activities and expenditures.
15. Establish and carry out programs and services in
mental health, including intellectual disabilities and alcoholism and substance abuse, not inconsistent with the regulations of the Department of Human Services.
16. Consult with all other private and public health
agencies in the county in the development of local plans for the most efficient delivery of health services.
(B) The board of health of each county or multiple-county health department
may: 1. Initiate and carry out 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 in the control of disease including tuberculosis.
2. Receive contributions of real and personal
property.
3. Recommend to the county board or boards the
adoption of such ordinances and of such rules and regulations as may be deemed necessary or desirable for the promotion and protection of health and control of disease.
4. Appoint a medical and dental advisory committee
and a non-medical advisory committee to the health department.
5. Enter into contracts with the State,
municipalities, other political subdivisions and non-official agencies for the purchase, sale or exchange of health services.
6. Set fees it deems reasonable and necessary (i) to
provide services or perform regulatory activities, (ii) when required by State or federal grant award conditions, (iii) to support activities delegated to the board of health by the Illinois Department of Public Health, or (iv) when required by an agreement between the board of health and other private or governmental organizations, unless the fee has been established as a part of a regulatory ordinance adopted by the county board, in which case the board of health shall make recommendations to the county board concerning those fees. Revenue generated under this Section shall be deposited into the County Health Fund or to the account of the multiple-county health department.
7. Enter into multiple year employment contracts with
the medical health officer or public health administrator as may be necessary for the recruitment and retention of personnel and the proper functioning of the health department.
8. Enter into contracts with municipal health
departments, county health departments, other boards of health, private or public hospitals, and not for profit entities to provide public health services outside of a board of health's own jurisdiction in order to protect the public health in an effective manner.
(C) The board of health of a multiple-county health department may hire
attorneys to represent and advise the department concerning matters that are
not within the exclusive jurisdiction of the State's Attorney of one of the
counties that created the department. (Source: P.A. 99-730, eff. 8-5-16; 100-201, eff. 8-18-17.)
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2006–2021 · leading case: Stephen Cassell v. David Snyders, 990 F.3d 539 (7th Cir. 2021).
Stephen Cassell v. David Snyders, 990 F.3d 539 (7th Cir. 2021). “See 55 ILCS 5/5-25013 (County Public Health Administrators are ap- pointed under the sole discretion of county health boards, ra- ther than a state agency).”
Taylor v. Bi-Cnty. Health Dept., 956 N.E.2d 985 (Ill. App. Ct. 2011). · cites it 4ד]" 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
Taylor v. Bi-Cnty. Health Dep't, 2011 IL App (5th) 90475 (Ill. App. Ct. 2011). · cites it 4ד]” 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
Cnty. of McHenry v. Waters, 2021 IL App (2d) 210027-U (Ill. App. Ct. 2021). “The County cited its authority under section 5-25013(B)(3) of the Counties Code (55 ILCS 5/5-25013(B)(3) (West 2018)), which permits it to recommend the passage of certain ordinances for the protection of the public health and the control of disease; the County Public Health…”
Cavanagh v. The City of Springfield (Ill. App. Ct. 2006). · cites it 2ד20c13 (now 55 ILCS 5/5-25013 (West 2004))). The County Health Department Act is now division 5-25 of the Counties Code.”
— 55 ILCS 5/5-25013(A)(7) — 2 cases
Taylor v. Bi-Cnty. Health Dept., 956 N.E.2d 985 (Ill. App. Ct. 2011). “]" 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
Taylor v. Bi-Cnty. Health Dep't, 2011 IL App (5th) 90475 (Ill. App. Ct. 2011). “]” 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
— 55 ILCS 5/5-25013(B)(1) — 3 cases
Taylor v. Bi-Cnty. Health Dept., 956 N.E.2d 985 (Ill. App. Ct. 2011). “]" 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
Taylor v. Bi-Cnty. Health Dep't, 2011 IL App (5th) 90475 (Ill. App. Ct. 2011). “]” 55 ILCS 5/5-25013 (West 2008). ¶ 32 The plaintiffs have not alleged any violation of this statute but only that Bi-County Health was negligent in its policy decision to administer the Prevnar vaccine exclusively to children enrolled in daycare and its failure to explain that…”
Cavanagh v. The City of Springfield (Ill. App. Ct. 2006). “20c13 (now 55 ILCS 5/5-25013 (West 2004))). The County Health Department Act is now division 5-25 of the Counties Code.”
— 55 ILCS 5/5-25013(B)(3) — 1 case
Cnty. of McHenry v. Waters, 2021 IL App (2d) 210027-U (Ill. App. Ct. 2021). “The County cited its authority under section 5-25013(B)(3) of the Counties Code (55 ILCS 5/5-25013(B)(3) (West 2018)), which permits it to recommend the passage of certain ordinances for the protection of the public health and the control of disease; the County Public Health…”
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