IDPH Administrative rules are the law of the land, not the Governor – Why are plans and established rules not being followed?

Illinois (ECWd) –

The Illinois Administrative Code that applies to the Illinois Department of Public Health has some very clear direction which clearly is not being followed by Illinois Governor, JB Pritzker.  Specifically, Subpart I, Sections 690.1300-690.1415 found at the above link.  We also provided each part below as there is simply way too much to cover in a single article, yet it is all vitally important for people to read and understand.

Who may order the isolation, quarantine, and closure of a business during a pandemic?

According to IAC, the IDPH and local health departments.  (See paragraph a), 1, 2, and 3.)

According to the Pandemic Influenza plan, IDPH has explicitly delegated its authority to order isolation, quarantine and closure to certified local health departments  (See page 71 – last sentence of next to the last paragraph)

Has IDPH followed those requirements? 

Considering IDPH has “explicitly delegated” these powers to certified local health departments, it appears it is time for County Health Departments to do their job as outlined in the law and the very pandemic plan adopted by the IDPH.

Enforcement

According to the IAC, enforcement is controlled by the IDPH or certified local health departments and they may request local support for that purpose.  (See paragraph b) of IAC)

“The Department or certified local health department may request the assistance of police officers, sheriffs, and all other officers and employees of any political subdivision within the jurisdiction of the Department or certified local health department to immediately enforce an order given to effectuate the purposes of this Subpart.”

Most telling is that enforcement comes through issued court orders as outlined in the Enforcement provision of the IAC for IDPH.

What is Quarantine?

“Quarantine” – The physical separation and confinement of an individual or groups of individuals who are or may have been exposed to a contagious disease or possibly contagious disease and who do not show signs or symptoms.  “Quarantine” also includes the definition of “Quarantine, modified”.

“Quarantine, Modified” – A selective, partial limitation of freedom of movement or actions of a person or group of persons who are or may have been exposed to a contagious disease or possibly contagious disease.  Modified quarantine is designed to meet particular situations and includes, but is not limited to, the exclusion of children from school, the prohibition or restriction from engaging in a particular occupation or using public or mass transportation, or requirements for the use of devices or procedures intended to limit disease transmission.  Any travel within Illinois outside of the jurisdiction of the local health authority must be either approved by the Director or be under mutual agreement of the health authority of the jurisdiction and the public health official who will assume responsibility.  Travel outside Illinois shall require written notice from the Illinois jurisdiction to the out-of-state jurisdiction that will assume responsibility.

Orders of Isolation and Quarantine

Restraints established on isolation and quarantine according to IAC (see paragraph c) 1, 2 A-K)

“The immediate isolation or quarantine order shall be for a period not to exceed the period of incubation and communicability, as determined by the Department or certified local health department, for the dangerously contagious or infectious disease.”

What is the COVID-19 period of incubation and communicability?  According to the CDC, it may be between 2-14 Days however they acknowledge they do not know for sure.  Regardless, it is the IDPH that is to issue an order of Isolation and Quarantine, not the Governor and it is the IDPH that is to establish the time period which shall not exceed the period of incubation and communicability, believed to be 2-14 days.   It would appear the information in the IAC for the IDPH is the governing authority on key powers rather than the Governor.

Paragraph c)2A-K is where the real important guidelines are found.  It is those very guidelines that provide the mechanisms to ensure people’s State and Federal due process rights are protected.

Has the State or IDPH followed those established rules during the COVID-19 Pandemic?  We do not believe so.

Verbal Orders – Who can issue them?

The Department or certified local health department may issue a verbal order of isolation, quarantine, or closure without prior notice to the person or group of persons if the delay in imposing a written order of isolation, quarantine, or closure would jeopardize the Department’s or certified local health department’s ability to prevent or limit:
A) The transmission of a dangerously contagious or infectious disease that poses a threat to the public; or
B) The transmission of an infectious agent or possibly infectious agent that poses a threat to the public health;

Did anyone read anything in that direction that gives the Governor those powers?

Verbal Orders – How long are they good for?

Is valid for 24 hours and shall be followed up with a written order;

Orders without prior consent:

In the event of an immediate order issued without prior consent or court order, the Department or certified local health department shall, as soon as practical, within 48 hours after issuing the order, obtain the consent of the person or owner or file a petition requesting a court order authorizing the isolation, quarantine or closure.

How many businesses in this state gave permission for their business to be closed by IDPH?  How many have recieved a court order to close?

For those that missed it, we covered this very point in our March 15th, 2020 article.  Yes, we nailed it and now the IAC provides even more evidence we were correct and the Governor has overstepped his authority, just as the Judge outlined in yesterday’s court hearing on Darren Bailey’s request for a restraining order. (article here)

What is the actual process for IDPH and local Health Departments to exercise their power? 

Anyone reading paragraphs f) and g) of the IAC will see there are key steps the IDPH and local health departments must follow in order to isolate, quarantine, and close businesses.  To date, we have not found any case where those steps were followed.

What must happen when IDPH or a local health department petitions the court?

The Department or certified local health department must also prove that all other reasonable means of correcting the problem have been exhausted and no less restrictive alternative exists. For purposes of this subsection, in determining whether no less restrictive alternative exists, the court shall consider evidence showing that, under the circumstances presented by the case in which an order is sought, quarantine or isolation is the measure provided for in a rule of the Department or in guidelines issued by the Centers for Disease Control and Prevention or the World Health Organization. (Section 2(c) of the Act)

We have not found where IDPH or local health departments followed those established directives.

IDPH issued guidelines in their Pandemic influenza plan., Isolation is not effective and they explain why. That begs the question, why are we doing it?

According to the CDC, in case of an outbreak in your community, they instruct to stay home if sick.

According to the World Health Organization, we found no shelter in place direction for an outbreak for anyone other than those infected or believed to be infected. While we understand people may not know if they are infected, that does not negate all of the well-established laws of our state on who controls ordering people to isolate or quarantine and/or close their business.

Assuming the laws were followed, what time restraints have been set by law for isolation, quarantine, or closure of people’s business? 

“Isolation, quarantine, or closure authorized as a result of a court order shall be for a period not to exceed 30 days from the date of issuance of the court order.” (they may petition the court for an additional 30 days but no more) (See IAC g) )

It should be crystal clear to anyone reading the IAC for IDPH to see, a lot has been done that does not follow established law.

Additional resources to established authority and direction during this pandemic are found below.  We are confident after this information is widely read and understood, our courts are going to be very busy with actions taken by people who have had their rights infringed.

• Section 690.10 Definitions
• Section 690. 1300 General Purpose
• Section 690.1305 Department of Public Health Authority
• Section 690.1310 Local Health Authority
• Section 690.1315 Responsibilities and Duties of the Certified Local Health Department
• Section 690.1320 Responsibilities and Duties of Health Care Providers
• Section 690.1325 Conditions and Principles for Isolation and Quarantine
• Section 690.1330 Order and Procedure for Isolation, Quarantine and Closure
• Section 690.1335 Isolation or Quarantine Premises
• Section 690.1340 Enforcement
• Section 690.1345 Relief from Isolation, Quarantine, or Closure
• Section 690.1350 Consolidation
• Section 690.1355 Access to Medical or Health Information
• Section 690.1360 Right to Counsel
• Section 690.1365 Service of Isolation, Quarantine, or Closure Order
• Section 690.1370 Documentation
• Section 690.1375 Voluntary Isolation, Quarantine, or Closure
• Section 690.1380 Physical Examination, Testing and Collection of Laboratory Specimens
• Section 690.1385 Vaccinations, Medications, or Other Treatments
• Section 690.1390 Observation and Monitoring
• Section 690.1400 Transportation of Persons Subject to Public Health or Court Order
• Section 690.1405 Information Sharing
• Section 690.1410 Amendment and Termination of Orders
• Section 690.1415 Penalties

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