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Governor Pritzker's Executive Orders and Rules
Emergency rules adopted in response to the COVID-19 outbreak
On July 12, 2022, the Governor JB Pritzker signed Executive Order 2022-16 regarding health care worker vaccination and testing. The following are emergency rules adopted by the Department in response to Governor JB Pritzker’s Gubernatorial Disaster Proclamations and Executive Orders related to COVID-19. The emergency rules for the following Parts filed with the Secretary of State and will be published during July in the Illinois Register by the Secretary of State.
The following rules have an effective date of July 14, 2022 and remain in place for a maximum of 150 days:
Hospital Licensing Requirements, 77 Ill. Adm. Code 250
Statutory Authority: Hospital Licensing Act [210 ILCS 85]
Skilled Nursing and Intermediate Care Facilities Code, 77 Ill. Adm. Code 300
Statutory Authority: Nursing Home Care Act [210 ILCS 45]
The following rules have an effective date of July 15, 2022 and remain in place for a maximum of 150 days:
Assisted Living and Shared Housing Establishment Code, 77 Ill. Adm. Code 295
Statutory Authority: Implementing and authorized by the Assisted Living and Shared Housing Act [210 ILCS 9]
Sheltered Care Facilities Code, 77 Ill. Adm. Code 330
Statutory Authority: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45]
Illinois Veterans’s Homes Code, 77 Ill. Adm. Code 340
Statutory Authority: Implementing and authorized by the Nursing Home Care Act [210 ILCS 45]
Intermediate Care for the Developmentally Disabled Facilities Code, 77 Ill. Adm. Code 350
Statutory Authority: Implementing and authorized by the ID/DD Community Care Act [210 ILCS 47]
Community Living Facilities Code, 77 Ill. Adm. Code 370
Statutory Authority: Implementing and authorized by the Community Living Facilities Act [210 ILCS 35]
Specialized Mental Health Rehabilitation Facilities Code, 77 Ill. Adm. Code 380
Statutory Authority: Implementing and authorized by the Specialized Mental Health Rehabilitation Act of 2013 [210 ILCS 49]
Medically Complex for the Developmentally Disabled Facilities Code, 77 Ill. Adm. Code 390
Statutory Authority: Implementing and authorized by the MC/DD Act [210 ILCS 46]
On September 3, 2021, the Governor signed Executive Order 21-22 which requires all individuals over the age of 2 and who can medically tolerate a face covering to wear a face covering when in indoor public places. The Executive Order also requires health care workers, school personnel, higher education personnel and students, and employees and contractors of state-owned or operated congregate facilities to be fully vaccinated, as described in the Order. Masking Frequently Asked Questions can be found here.
The following are emergency rules adopted by the Department in response to Governor JB Pritzker’s Gubernatorial Disaster Proclamations and Executive Orders related to COVID-19. These rules are effective upon filing with the Secretary of State and remain in place for a maximum of 150 days.
IDPH filed emergency rulemakings currently in effect related to the COVID-19 pandemic for the following Parts, all of which became effective February 14, 2022 for a maximum of 150 days:
Hospital Licensing Requirements, 77 Ill. Adm. Code 250
Statutory Authority: Hospital Licensing Act [210 ILCS 85]
This emergency rule adds a Section to the Hospital Licensing Requirements that requires hospitals to require all staff to be fully vaccinated against COVID-19 or be tested weekly.
Skilled Nursing and Intermediate Care Facilities Code, 77 Ill. Adm. Code 300
Statutory Authority: Nursing Home Care Act [210 ILCS 45]
This emergency rulemaking includes requirements related to COVID-19 vaccination of facility staff to reflect recent changes in federal guidance and to require twice weekly testing for staff who are not up to date on COVID-19 vaccinations and provides for appropriate penalties.
Statutory Authority: Emergency Medical Services (EMS) Systems Act [210 ILCS 50]
This rulemaking amends requirements for emergency medical service (EMS) providers' policies and procedures, including updated COVID-19 vaccination and testing requirements. These emergency amendments add a new Section 515.865 that requires providers to develop written policies and procedures for educating establishment staff on the COVID-19 vaccination, and for administering or providing the vaccine to staff. The emergency amendment provides deadlines for educating and administering the vaccine to existing staff and new hires, requirements for written policies and procedures, record-keeping and reporting requirements, and enforcement measures.
IDPH filed emergency rulemaking currently in effect related to the COVID-19 pandemic for the following Parts in relation to Governor JB Pritzker’s Executive Order 2021-22:
- 77-250: Hospital Licensing Requirements;
- 77-295: Assisted Living and Shared Housing Establishment Code;
- 77-300: Skilled Nursing and Intermediate Care Facilities Code Emergency Amendments;
- 77-300: Skilled Nursing and Intermediate Care Facilities Code Emergency Amendments to Emergency Rules;
- 77-330: Sheltered Care Facilities Code;
- 77-340: Illinois Veterans’ Homes Code;
- 77-350: Intermediate Care for the Developmentally Disabled Facilities Code;
- 77-370: Community Living Facilities Code;
- 77-380: Specialized Mental Health Rehabilitation Facilities Code;
- 77-390: Medically Complex for the Developmentally Disabled Facilities Code; and
- 77-515: Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code.
Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
Statutory Authority: Communicable Disease Report Act [745 ILCS 45] and Department of Public Health Act [20 ILCS 2305]
These emergency amendments are adopted in response to Governor JB Pritzker's Gubernatorial Disaster Proclamations issued related to COVID-19.
Section 5-45 of the Illinois Administrative Procedure Act [5 ILCS 100/5-45] defines "emergency" as "the existence of any situation that any agency finds reasonably constitutes a threat to the public interest, safety, or welfare." The COVID-19 outbreak in Illinois is a significant public health crisis that warrants these emergency rules.
This rule amends Section 690.10, Definitions, to delete the terms "Isolation, Modified" and "Quarantine, Modified" and to revise the definition of "Quarantine." This rule also amends Section 690.361, Coronavirus, Novel, including Coronavirus Disease 19 (COVID-19), Severe Acute Respiratory Syndrome (SARS), and Middle Eastern Respiratory Syndrome (MERS) (Reportable by telephone immediately (within 3 hours) upon initial clinical suspicion of the disease), to provide detailed procedures for handling the occurrence of COVID-19 in schools. Additionally, the rule amends Section 690.1380, Physical Examination, Testing and Collection of Laboratory Specimens, to clarify that nothing in that Section limits the ability of schools, employers, or other institutions to conduct or require physical examinations and tests. Further, the rule amends Section 690.1385, Vaccinations, Medications, or Other Treatments, to clarify that nothing in that Section limits the ability of schools, employers, or other institutions to require vaccinations.
Effective September 17, 2021
Education and Cultural Resources (23 Ill. Adm. Code 6)
Mandatory Vaccinations for School Personnel Emergency Rule Part 6 supports schools and school districts in implementing Executive Order 2021-22, which requires all school personnel to either be fully vaccinated against COVID-19 or undergo at least weekly testing. Per the Executive Order, school personnel must be fully vaccinated or tested at least weekly by September 19, 2021. The emergency rule provides schools and school districts clarity to implement the Executive Order, and support to help protect the health and safety of students, school personnel, and their broader communities during the ongoing COVID-19 pandemic.
Effective September 17, 2021
Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
The State Department of Public Health has general supervision of the interests of the health and lives of the people of the State. As part of that general supervision, the Department has jurisdiction to address dangerously contagious or infectious disease outbreaks to protect the health and lives of the people of the State. The Department shall take means it considers necessary to restrict and suppress dangerously contagious or infectious diseases, especially when existing in epidemic form. (Section 2(a) of the Act).
The Department shall have the general authority to delegate to certified local health departments the duties and powers under those Acts it is authorized to enforce for the purpose of local administration and enforcement. 20 ILCS 2310/15.
In order to restrict and suppress the novel coronavirus SARS-CoV-2 that causes the coronavirus disease 2019 (COVID-19), a dangerously contagious and infectious respiratory disease in the form of a pandemic or epidemic, which is spread person to person in respiratory droplets released by a person infected with the disease, the Department implements the following restrictions and requirements:
Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain at least a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in an outdoor space.
Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises and unable to maintain at least a six-foot social distance. Businesses, services, facilities or organizations that offer food or beverages for in-person consumption may permit employees, customers, and other individuals to remove their face coverings while eating or drinking, but must require face coverings at all other times. Businesses, services, facilities or organizations that take reasonable efforts to require patrons and employees to wear a face covering shall be in compliance with this subsection. For retail businesses, reasonable efforts to comply with regard to customers shall be determined based on the totality of the circumstances and include, but are not limited to: posting signage requiring face coverings to be worn on the premises; providing face coverings to customers; giving verbal or written warnings to customers who are not wearing a face covering to inform them of the requirement to wear a face covering when on the premises; requesting verbally or in writing that customers leave the premises if not wearing a face covering; and making available reasonable accommodations for individuals who are not able to medically tolerate a face covering.
Effective January 3, 2021
Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
The Department has jurisdiction to address dangerously contagious or infectious disease outbreaks to protect the health and lives of the people of the State, and is using that authority to establish restrictions to slow the transmission of COVID-19. This rule requires people over age two who are able to medically tolerate a face covering (a mask or cloth face covering to cover their nose and mouth) to use a face covering when in a public place and they are unable to maintain at least a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in an outdoor space. Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises to cover their nose and mouth with a face covering when on premises. This requirement also applies to all schools and day care facilities.
This emergency rule also prohibits gatherings of more than 50 people (or gatherings of 50% or more of a building’s maximum occupancy if 50% of a building maximum occupancy is less than 50 people).
Effective August 7, 2020
Control of Communicable Diseases Code (77 Ill. Adm. Code 690)
This rulemaking adopts standards for the control of cases and contacts for Coronavirus, Novel, including COVID-19, Severe Acute Respiratory Syndrome (SARS), and Middle Eastern Respiratory Syndrome (MERS). This rule includes reporting requirements for laboratories that provide tests for screening, diagnosis, or monitoring. Additionally, the rule has provisions that require that persons who have tested positive for one of these diseases isolate themselves at home.
The Department has also proposed identical proposed amendments to adopt these standards.
Effective August 3, 2020
Emergency amendment to this rule adopted July 14, 2020
This rule amends the Department’s requirements for a long term care facility’s infection control policies and procedures. The rule adds new incorporated materials from the CDC to address COVID-19 infection control and strikes the requirement that facilities must comply with infection control recommendations provided by the Department or their local health department
Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Ad. Code 300)
This rule requires long term care facilities to add testing for infectious diseases to the facility’s infection control policies and procedures. Facilities must comply with infection control recommendations provided by the Department or their local health department and must test residents and staff when they have either an outbreak in the facility or when the chain of transmission is high and the Department directs them to conduct testing. Test results must be reported to the Department.
Effective May 28, 2020
Control of Communicable Diseases Code (77 Ill. Adm. Code 690) This rule was repealed on May 20, 2020
The Department has jurisdiction to address dangerously contagious or infectious disease outbreaks to protect the health and lives of the people of the State, and is using that authority to establish restrictions on functions of businesses that risk transmission of COVID-19. These restrictions will be reviewed by the Department in coordination with the different stages of the Restore Illinois plan and the latest public health guidance and metrics.
Effective May 15, 2020
Assisted Living and Shared Housing Establishment Code (77 Ill. Adm. Code 295)
This rule temporarily suspends the provision regarding the expiration of a facility’s probationary license and the provisions regarding annual on-site visits, except in cases when resident health and safety is at risk, and for allegations of abuse or neglect, because of the Department’s limited abilities for surveys during the COVID-19 crisis.
Effective May 5, 2020
Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
This rule temporarily suspends the requirement that certified nursing assistants successfully complete a Department-approved training program within 120 days after the date of initial employment, and the requirement that developmental disabilities aides or DSPs submit required documentation in accordance with Section 350.663 within 120 days; however, it does not suspend the requirement that these individuals be able to demonstrate competency in their jobs. The rule also suspends provisions related to issuance of probationary licenses and certain Department on-site investigations and surveys, except for allegations of abuse or neglect.
Effective May 5, 2020
Sheltered Care Facilities Code (77 Ill. Adm. Code 330)
This rulemaking suspends facility inspections in Section 330.140(c) and Section 330.150(g), the requirement for probationary licenses in Sections 330.140(b) and 330.150(f), annual inspections pursuant to Section 330.200(a), and the 30-day timeframe for an inspection arising from a complaint unrelated to allegations of abuse and neglect in Section 330.4310(f).
Effective May 5, 2020
Illinois Veterans’ Homes Code (77 Ill. Adm. Code 340)
This rulemaking clarifies that when conducting on-site investigations and surveys, the Department will minimize the impact on facility activities, while ensuring facilities are implementing actions to protect the health and safety of residents, staff, and other individuals in response to the COVID-19 pandemic.
Effective May 5, 2020
Intermediate Care for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 350)
This rule temporarily suspends the requirement that developmental disability aides, including those individuals serving as direct support persons (DSPs), successfully complete a Department-approved training program within 120 days after the date of initial employment, and the requirement that developmental disabilities aides or DSPs submit required documentation in accordance with Section 350.663 within 120 days; however, it does not suspend the requirement that these individuals be able to demonstrate competency in their jobs. In addition, this rule temporarily suspends the provision regarding the expiration of a facility’s probationary license and the provisions regarding annual on-site inspections and surveys, except in cases when resident health and safety is at risk, and for allegations of abuse or neglect, because of the Department’s limited abilities for surveys during the COVID-19 crisis. The rule also suspends the provision regarding transfer or discharge of a resident due to late payment or nonpayment.
Effective May 5, 2020
Specialized Mental Health Rehabilitation Facilities Code (77 Ill. Adm. Code 380)
This rule temporarily suspends the provision regarding the expiration of a facility’s provisional license and the provisions regarding Department on-site investigations and surveys, except in cases when resident health and safety is at risk, and for allegations of abuse or neglect, because of the Department’s limited abilities for surveys during the COVID-19 crisis.
Effective May 5, 2020
Medically Complex for the Developmentally Disabled Facilities Code (77 Ill. Adm. Code 390)
This rule temporarily suspends the requirement that developmental disability aides, including those individuals serving as direct support persons (DSPs), successfully complete a Department-approved training program within 120 days after the date of initial employment, and the requirement that developmental disabilities aides or DSPs submit required documentation in accordance with Section 390.663 within 120 days; however, it does not suspend the requirement that these individuals be able to demonstrate competency in their jobs. This rule temporarily suspends the provision regarding the expiration of a facility’s probationary license and the provisions regarding annual on-site investigations and surveys, except in cases when resident health and safety is at risk, and for allegations of abuse or neglect, because of the Department’s limited abilities for surveys during the COVID-19 crisis
Effective May 5, 2020
Long-Term Care Assistants and Aide Training Programs Code (77 Ill. Adm. Code 395)
This rule allows for a new classification of healthcare worker – the Temporary Nursing Assistant (TNA). The TNA position has been developed in conjunction with industry stakeholders to allow for additional staff in their facilities. This rulemaking also suspends the requirement that Basic Nursing Assistant Training Program students pass the competency examination within 12 months after they complete the program.
Effective April 21, 2020
Hospital Licensing Requirements (77 Ill. Adm. Code 250)
This rule suspends portions of the hospital licensing requirements in response to the COVID-19 pandemic and establishes standards and licenses for temporary alternate care facilities. These facilities may be run either by a licensed hospital or by the State of Illinois through one of its agencies or in cooperation with one or more federal or local government bodies.
Effective April 16, 2020
Adverse Health Care Events Reporting Code (77 Ill. Adm. Code 235)
This rule suspends all requirements of the Adverse Health Care Events Reporting Code in response to the COVID-19 pandemic
Effective April 17, 2020
Hospital Report Card Code
This rule suspends all requirements of the Hospital Report Card Code in response to the COVID-19 pandemic.
Effective April 17, 2020
Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
This emergency rule temporarily amends the provisions of the Healthcare Worker Background Check Code to require an individual to have their fingerprints collected within 30 days (increased from 10 working days) after being hired.
Effective April 10, 2020
Emergency Medical Services, Trauma Center, Comprehensive Stroke Center, Primary Stroke Center and Acute Stroke Ready Hospital Code (77 IAC 515)
In order to address Emergency Medical Service (EMS) staffing needs this rulemaking: authorizes Clinical Nurse Specialists to work in hospital emergency departments designated as an Emergency Department Approved for Pediatrics (EDAP), Standby Emergency Department Approved for Pediatrics (SEDP) or Pediatric Critical Care Center (PCCC), in order to afford hospitals more flexible staffing options; helps reduce hospital staffing costs by permitting nurse practitioners, clinical nurse specialists and physician assistants to provide backup coverage during critical situations; expands the scope of the pediatric intensive care unit committee to include advanced practice providers; clarifies the role and qualifications of Pediatric Clinical Nurse Specialist; clarifies the role and qualifications of the Pediatric Clinical Nurse Expert as a member of the pediatric intensive care unit leadership team; expands the types of minimum training requirements of the Pediatric Clinical Nurse Expert to help alleviate staffing shortages and minimize costs; and updates the equipment list to reflect current medical standards.
Effective April 10, 2020
School Based/Linked Health Centers (77 Ill. Adm. Code 641)
This emergency rule extends the current certifications for school-based/linked health centers whose certifications are scheduled to expire before June 30, 2020. The rule extends the certification for 150 days from the current expiration. In addition, it ensures that school based/linked centers can remain operational, able to provide necessary services to the communities they serve, and eligible to obtain Medicaid reimbursement. While schools are closed now some these centers continue to provide services. Without the emergency rule, the certification for some school-based/linked health centers would expire and their ability to receive Medicaid reimbursement would be in jeopardy.
Effective April 2, 2020
Plumbers Licensing Code (68 Ill. Adm. Code 750)
This emergency rule extends the deadline for plumbers’ license renewals, apprentice plumbers’ license renewal, and plumbing inspectors’ certificate renewals 150 days to August 28, 2020.
Effective March 31, 2020
Lead Poisoning Prevention Code (77 Ill. Adm. Code 845)
This emergency rule extends the license and certificate renewal deadlines for lead services, including lead inspection, lead hazard screen, lead mitigation and lead abatement work and supervision. It also allows lead case management and environmental risk assessments to be conducted through phone consultation when possible.
Effective March 31, 2020
Asbestos Abatement for Public and Private Schools and Commercial and Public Buildings in Illinois (77 Ill. Adm. Code 855)
This emergency rule extends license renewal dates for the asbestos program.
Effective March 31, 2020
Private Sewage Disposal Code (77 Ill. Adm. Code 905)
This emergency rule extends license and certification renewal dates for portable sanitation businesses and technicians..
Effective March 31, 2020
Home Health, Home Services, and Home Nursing Agency Code (77 Ill. Adm. Code 245)
This emergency rule suspends the requirement that a registered nurse conduct a supervisory visit to a patient’s or client’s residence. The emergency rule will allow for the supervisory visits to be conducted via electronic or telephonic means, if available
Effective March 25, 2020
Hospital Licensing Requirements (77 Ill. Adm. Code 250)
This rule allows hospitals to increase their bed capacity or re-allocate bed designations between clinical services to accommodate extraordinary needs in the service population due to the COVID-19 pandemic without prior authorization from the Department.
Effective March 25, 2020
Long-Term Care Assistants and Aide Training Programs Code (77 Ill. Adm. Code 395)
This rule allows for military personnel with medic training to serve as CNAs and allows CNAs who have been certified or licensed in another state to work in Illinois during the duration of the disaster proclamations.
Effective March 25, 2020
Health Care Worker Background Check Code (77 Ill. Adm. Code 955)
This emergency rule temporarily suspends the provisions of the Healthcare Worker Background Check Act that prohibit an individual from being hired to work as a CNA if they have been inactive on the Department’s Health Care Worker Registry (“Registry”)(225 ILCS 46/33(g) and that limit conditional employment of CNAs to three months pending the results of finger-print based criminal history record checks (225 ILCS 46/33(l)).
Additionally, this rule allows for military personnel with medic training to serve as CNAs and allows CNAs who have been certified or licensed in another state to work in Illinois during the duration of the disaster proclamations.
Effective March 25, 2020