DEPARTMENT OF PUBLIC HEALTH

Municipal Code of Chicago tit. 2, ch. 2-112

in effect

Municipal Code of Chicago § 2-112-005 Definitions.

2-112-005 Definitions. 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)

Municipal Code of Chicago § 2-112-010 Establishment and composition.

2-112-010 Establishment and composition. 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)

Municipal Code of Chicago § 2-112-020 Succession.

2-112-020 Succession. 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in effect as of the effective date of this amendatory ordinance of 2021 shall remain in effect until amended or repealed by the Commissioner.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)

Municipal Code of Chicago § 2-112-030 Commissioner - Administrative authority.

2-112-030 Commissioner - Administrative authority. 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)

Municipal Code of Chicago § 2-112-040 Power to arrest violators.

2-112-040 Power to arrest violators. 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.

Municipal Code of Chicago § 2-112-050 Police powers.

2-112-050 Police powers. 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.

Municipal Code of Chicago § 2-112-060 Employees held harmless for official acts.

2-112-060 Employees held harmless for official acts. 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.

Municipal Code of Chicago § 2-112-070 Adoption of health rules.

2-112-070 Adoption of health rules. (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. 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, and 7-42 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; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 3) 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.

Municipal Code of Chicago § 2-112-080 Report of disease occurrence.

2-112-080 Report of disease occurrence. 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.

Municipal Code of Chicago § 2-112-090 Health system planning.

2-112-090 Health system planning. 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.

Municipal Code of Chicago § 2-112-100 Grants and other agreements.

2-112-100 Grants and other agreements. (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.

Municipal Code of Chicago § 2-112-110 Commissioner - Additional powers and duties.

2-112-110 Commissioner - Additional powers and duties. The Commissioner of Public Health shall have the following powers and duties: 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; (5) To enforce Section 4-4-332, Article VIII of Chapter 7-28 and all other Code provisions applicable to bed bugs; (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. 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; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 3) 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.

Municipal Code of Chicago § 2-112-120 Reserved. Editor's note – Coun. J. 12-20-25, p. 39283, Art. III, § 3, repealed § 2-112-120, which pertained to transfer of rights, powers and duties.

Municipal Code of Chicago § 2-112-130 Commissioner - Communicable disease control procedures.

2-112-130 Commissioner - Communicable disease control procedures. The Commissioner may cause all persons reported to it as having, or suspected of having a communicable disease, to be examined, and may impose such restrictions upon, and exercise such supervision over such persons as shall be necessary to protect other persons. To aid in securing the isolation of a person having, or suspected of having, a communicable disease, the Commissioner may cause a notice of the disease to be placed upon or near the house, apartment, or building in which the person is sick. No person shall deface, alter, conceal, mutilate, destroy, or tear down, any such notice without permission from the Commissioner, and every occupant of the house, apartment, or building upon which, or near which, the notice is placed, shall be responsible for the removal of the notice. The Commissioner may cause a person having, or suspected of having, a communicable disease to be removed to a hospital or other safe place. The Commissioner may cause a person having or suspected of having, a communicable disease to be provided with suitable nurses and medical attention, at such person's own expense if such person is able to pay for the same, but if not, then at the expense of the City. (Prior code § 9-13; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-170. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-130 as current § 2-112-080.

Municipal Code of Chicago § 2-112-140 Immunization treatment and vaccination.

2-112-140 Immunization treatment and vaccination. The Department shall keep on hand at all times, so far as is practical, a sufficient quantity of antitoxins and vaccines to permit the treatment or immunization of any person who may apply for treatment or immunization. No charge shall be made for treatment with antitoxin or by immunization and the Commissioner shall issue a certificate of immunization to any child who shall have been immunized and who shall require such a certificate for admission to a public or private school. (Prior code § 9-14; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-180. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-140 as current § 2-112-090.

Municipal Code of Chicago § 2-112-150 Compulsory vaccination limitations.

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.

Municipal Code of Chicago § 2-112-160 Disinfection of premises.

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.

Municipal Code of Chicago § 2-112-170 Power to order vacation of premises.

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.

Municipal Code of Chicago § 2-112-180 Health and safety hazards - Investigation authority.

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.

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

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.

Municipal Code of Chicago § 2-112-200 Health-related agreements authorized under the National and Community Services Trust Act.

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.

Municipal Code of Chicago § 2-112-205 Essential service contracts.

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)

Municipal Code of Chicago § 2-112-210 Agreements for health screening and diagnostic services.

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.

Municipal Code of Chicago § 2-112-220 Clinical health services agreements.

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.

Municipal Code of Chicago § 2-112-230 Tuberculosis clinical services.

2-112-230 Tuberculosis clinical services. The Commissioner is authorized to negotiate and execute agreements with the County of Cook for the provision of tuberculosis clinical services by the Cook County Health and Hospitals System. Such agreements shall contain terms and conditions as are customary in such agreements, including, but not limited to, provisions for indemnification. 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. (Added Coun, J, 11-16-11, p. 13798, Art. IX, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-241. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-230 as current § 2-112-190.

Municipal Code of Chicago § 2-112-240 Chronic disease detection and treatment programs.

2-112-240 Chronic disease detection and treatment programs. The Department is hereby authorized to establish suitable detection and treatment programs directed toward the control of chronic diseases, including cancer, heart disease and stroke, diabetes and such other chronic diseases as may hereinafter be deemed capable of control through public screening, diagnostic or treatment programs. (Prior code § 9-18; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-250. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-240 as current § 2-112-220.

Municipal Code of Chicago § 2-112-250 Emergency cardiopulmonary resuscitation - Liability limitations.

2-112-250 Emergency cardiopulmonary resuscitation - Liability limitations. Any person who has successfully completed a course of training in cardiopulmonary resuscitation which has been approved by the Department and who within the City of Chicago, provides emergency cardiopulmonary resuscitation, without fee, to a person who is an apparent victim of acute cardiopulmonary insufficiency, shall not, as a result of his acts or omissions in providing such resuscitation, be liable for civil damages. This section does not apply to acts or omissions amounting to willful and wanton misconduct in providing such resuscitation. (Prior code § 9-18.1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-260. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-250 as current § 2-112-240.

Municipal Code of Chicago § 2-112-260 Contaminated food or beverage controls.

2-112-260 Contaminated food or beverage controls. The Department is authorized to investigate and to take such action as may be necessary to control the sale and/or distribution of any food, beverage or other product which is found to: (a) be contaminated with a pathogenic organism; or (b) contains chemical substances which are capable of causing acute or chronic disease and which are deemed to be a hazard to the public health; further, the Department is authorized to take all steps necessary to protect the City from any hazard resulting from the presence of any radioactive substance in or near the City or of any dangerous or hazardous substances released into the atmosphere in the City of Chicago or within a mile of the corporate geographic boundaries of the City. (Prior code § 9-19; Amend Coun. J. 11-9-16, p. 36266, § 3; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-270. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-260 as current § 2-112-250.

Municipal Code of Chicago § 2-112-270 Illinois Swimming Pool and Bathing Beach Act.

2-112-270 Illinois Swimming Pool and Bathing Beach Act. (a) The City of Chicago hereby elects to administer and enforce the Illinois Swimming Pool and Bathing Beach Act. (b) The provisions of the Illinois Swimming Pool and Bathing Beach Act, as well as all rules and regulations promulgated and amended from time to time by the Illinois Department of Public Health under authority of that Act, are hereby incorporated into this section and made a part hereof. However, unless the context requires otherwise, any reference in that Act or those rules and regulations to the Illinois Department of Public Health shall instead refer to the Department of Public Health of the City of Chicago, and any reference in that Act to the Illinois Director of Public Health shall instead refer to the Commissioner of the Department of Public Health of the City of Chicago. (c) The Department of Public Health of the City of Chicago shall take all actions necessary and proper to administer and enforce the Illinois Swimming Pool and Bathing Beach Act and all rules and regulations promulgated thereunder. The Department shall impose and collect, on behalf of the City, a license application fee, in the amount specified in Section 6 of the Act, for each application for license renewal; provided that an application submitted by a corporation organized under the General Not-For-Profit Corporation Act of 1986, or an application submitted by the United States, the State of Illinois, or any of their agencies or political subdivisions, shall be exempt from the fee. (d) Nothing in this section shall affect the requirement for a construction permit issued by the Illinois Department of Public Health under Section 5 of the Act, and nothing in this section shall affect the enforcement of violations of the Act by the State's Attorney or the Attorney General under Sections 21 and 22 of the Act. (e) If any other provision of this Code, or any provision of any other law, is inconsistent with any provision of the section, the provision of this section shall prevail. (f) The City Clerk shall furnish to the Illinois Department of Public Health a copy of this ordinance and the names and qualifications of city employees required by the Act. (Added Coun. J. 12-11-96, p. 36358; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1) Editor's note – Formerly § 2-112-275. Coun. J. 2-24-21, p. 27657, Art. I, § 1, renumbered former § 2-112-270 as current § 2-112-260.

Municipal Code of Chicago § 2-112-280 Publication of health information.

2-112-280 Publication of health information. The Department is hereby authorized to publish such statistics and information concerning the work of the Department, or relating to the health of the community, or methods and means of preventing or curing disease, as it shall deem proper for publication. Such statistics as are published shall, as soon thereafter as is practicable, be sent to the Mayor, to each alderman, and to such other persons as the Commissioner shall deem advisable. (Prior code § 9-20; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Municipal Code of Chicago § 2-112-290 Records and forms.

2-112-290 Records and forms. It shall be the duty of the Department to provide the necessary books for keeping a record of all transactions of the Department, and such statistical information necessary for the efficient working of the Department. The Department shall also keep on hand all necessary forms for use by physicians and midwives and shall furnish them with such forms upon application. (Prior code § 9-21; Amend Coun. J. 12-2-09, p. 78837, Art. 11, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Municipal Code of Chicago § 2-112-300 Fees and charges.

2-112-300 Fees and charges. The Department is hereby authorized and directed to collect fees and make charges, as indicated in this section for the following services: Medical, Hospital and Related Services. Reasonable compensation based on actual cost, shall be charged and collected from any person who is received, cared for, or treated, and who is able to pay, for occupancy, nursing, care, medicine, laboratory services or attendance in connection with services at any facility maintained and provided by the Department. Ability to pay shall include third-party payments through insurance or other sources of payment to which the person is entitled. These privileges shall be extended free of charge to residents of the City of Chicago, who are unable to pay for them. Laboratory Examinations. The rates prevailing in local laboratories shall be charged and collected from neighboring municipal and county authorities for examinations and analyses made in the municipal laboratories. Reinspections. Unless otherwise specifically provided in this Code, a fee of $25.00 for the second and each subsequent inspection during a license period of any place, machinery, equipment, vehicle, process or article where necessary to assure compliance with this Code or the rules of the Department. (Prior code § 9-22; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 3-31-04, p. 20916, § 2.5; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Municipal Code of Chicago § 2-112-310 Impersonation of Department personnel prohibited.

2-112-310 Impersonation of Department personnel prohibited. No person shall falsely assume or pretend to be an officer, inspector, or employee of the Department. Nor shall any person not authorized by the Department: (a) Wear in public the uniform adopted and used by the Department; (b) Wear or use any badge, star or device adopted and used by the Department; (c) Produce or display any badge, star or device adopted and used by the Department and thereby obtain free passage upon any public conveyance or commit by other fraudulent act by means thereof; (d) Counterfeit or imitate or cause to be counterfeited or imitated any badge, star or device adopted and used by the Department; (e) Wear or use any badge, star or device similar in appearance to that adopted by the Department. (Prior code § 9-23; Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1)

Municipal Code of Chicago § 2-112-320 Failure to report disease occurrence.

2-112-320 Failure to report disease occurrence. Failure to report a disease occurrence under Section 2-112-130 shall be punishable by a fine of not less than $50.00 and no more than $200.00. (Prior code § 9-24(a); Amend Coun. J. 11-21-17, p. 61913, § 3)

Municipal Code of Chicago § 2-112-330 Violation of recordkeeping provision.

2-112-330 Violation of recordkeeping provision. Any person violating or assisting in the violation of any provision of Section 2-112-290 shall be fined not less than $100.00 nor more than $500.00 for each offense. (Prior code § 9-24(b))

Municipal Code of Chicago § 2-112-340 Violation of rules and orders.

2-112-340 Violation of rules and orders. Any person who violates any rule or order of the Department for which no penalty is specifically provided shall be fined not less than $100.00 nor more than $500.00 for each offense. (Prior code § 9-24(c); Amend Coun. J. 2-24-21, p. 27657, Art. I, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. III, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2602628Fetched: 10/24/2026