GENERAL INFORMATION 
AND 
ILLINOIS LAWS 
RELATING TO THE 
PUBLIC HEALTH 
R. R. CROSS, M.D., Director 
DEPARTMENT OF PUBLIC HEALTH 
Claude Wm. Chamberlain, Ph.D. 
Supervisor of Health Education 
Compiled by 
[Printed by authority of the State of Illinois] 
1940 NOTE 
Since the last compilation of the Public Health Laws of Illinois 
in 1917, many significant changes have been made that are of special 
interest and importance. The increased powers and activities of a 
director and of a personnel more than tripled in number, the wider 
range of laws, the addition or expansion of various divisions in the 
Health Department, and the cooperative programs of the U. S. Public 
Health Service—all these have increased the interest in and import- 
ance of existing laws. 
The present compilation consists of most of those laws which 
have a direct bearing upon and are enforced through the Department 
of Public Health of Illinois, and of various laws which have a general 
relation to the public health of this State, but which may be enforced 
through some other State agency or local officer. 
The Department of Public Health naturally is interested in the 
nature and scope of all these laws, as well as in their proper observ- 
ance and enforcement. However, the reader may seek in vain in this 
compilation for certain laws and regulations pertaining to health, due 
to the fact that various other departments of the State may be spe- 
cifically authorized to deal with certain health problems. Upon fail- 
ure to find any reference to such laws, the reader is advised to refer 
their problems to these other departments. Along this line, for ex- 
ample, the following State departments are concerned officially with 
the indicated subjects of health, hygiene and sanitation: 
Department of Registration and Education: 
1. Beauty Schools and Beauty Culture. 
2. The Medical Practice Act. (Including Osteopathy, Chiroprac- 
tic, Spiritual Healing, etc.) 
3. The Narcotic Drugs Act. 
4. Barber Schools and Shops. 
5. The Fireworks Regulation Act. 
6. The Optometry Law. 
7. The Chiropody Law. 
8. The Pharmacy Law. 
9. The Veterinary Practice Law. 
10. The Dental Practice Act. 
11. The Licensing of Midwives, Nurses, Bmbalmers, Plumbers,etc. 
Department of Labor : 
1. Occupational Diseases. 
2. Industrial Hygiene. 
3. Health and Safety Rules. 4 
GENERAL INFORMATION 
4. Laws Relating to Employment. 
5. Child Labor Laws. 
6. Housing and Factories. 
7. Industrial Home Work and many others. 
Department of Public Welfare: 
1. State Institutions and Charity. 
2. Handicapped Children. 
3. Mental Hygiene. 
4. Certain Phases of Social Security Laws. 
5. Trachoma Control. 
6. Old Age Assistance. 
7. Visitation of Adult Blind. 
8. Child Welfare. 
9. Veterans’ Service and others. 
Department of Agriculture : 
1. Food and Dairy Control, 
2. Certain Rural Nuisances. 
3. Diseased Animals. 
4. Food Control on State Property. 
5. Division of Markets. 
6. Division of Standards. 
7. Plants, Poultry, Bees, etc. 
8. Rabies in Dogs. 
9. Dish Washing Regulation in Public Eating Places. 
Department of Conservation : 
1. Wild Animals, Birds, Snakes, etc. 
2. Pointed Streams. 
Department of Insurance : 
1. Fire Prevention. 
Department of Public Instruction : 
1. Schools and Teachers. 
2. Handicapped Children and Rehabilitation. 
3. Teachers’ Pensions. 
Department of Public Works and Buildings: 
1. Public Parks and Buildings. 
2. Highway Safety. 
Then again, with powers of creating and administering rules and 
regulations governing disease prevention and control, the State De- 
partment of Public Health has compiled separate booklets, manuals STATE DEPARTMENT OF PUBLIC HEALTH 
and pamphlets which cover in detail the administrative control of 
various matters in the fields of communicable diseases, sanitation, hy- 
giene, and others. Several of the State Departments have done like- 
wise with their rules and regulations relating to health. 
Similar to statutes in their potentialities as to regulation and 
enforcement, these rules and regulations on various separate subjects 
may be available, on request, to those who are charged with the ad- 
ministration of public health matters. 
It may be said in conclusion that no Federal laws conflict with 
the laws of Illinois in the cooperative program of the United States 
Public Health Service in Illinois. 
LEGAL STATUS 
The State Department of Public Health in Illinois is one of the 
ten departments of the State government which comes under the Civil 
Administrative Code at the head of which is the Governor. The ex- 
ecutive office of the Department of Public Health, like the adminis- 
trative heads of the other departments, is known as the Director. He 
is appointed for a term of two years by the Governor, and is respon- 
sible directly to him for the functioning of the Department and the 
conservation of its funds and property. The Director is required by 
law to be a regularly licensed physician in the State and to have had 
a minimum of five years of 'practical experience in the practice of 
medicine and surgery in Illinois and not less than six years’ experi- 
ence in public health work. In addition to the Director the Governor 
appoints an Assistant Director, who must meet the same qualifications. 
The law also makes provision for an advisory board of five mem- 
bers, also appointed by the Governor. The board may offer sugges- 
tions in reference to the policies and activities of the Department, but 
it has no legal power to cause the Director to adopt any recommenda- 
tions or suggestions. Board members receive no compensation for 
services on the Board. 6 
GENERAL INFORMATION 
Communicable 
Dis. 
Distribution of 
Biologies 
ORGANIZATION OF ILLINOIS DEPARTMENT OF PUBLIC HEALTH 
Advisory Board 
Advisory Com. 111. 
Medical Society 
Industrial 
Hygiene 
Venereal 
Disease Control 
Local Health 
Administration 
Public Health 
Instruction 
Epidemi- 
ology 
Lodging House 
Inspection 
Statistical 
Research 
DIRECTOR 
PUBLIC HEALTH 
0 1 V I S IONS 
Central 
Administration 
1940 
GOVERNOR 
ASSISTANT 
DIRECTOR 
Dental 
Hygiene 
Training 
Personnel 
Vital 
Statistics 
Child Hygiene and 
Public Health Nursing 
Water Sewage 
and Milk Lab. 
Cancer Advisory 
Board 
Sanitary 
Engineering 
Cancer 
Control 
Tubercu- 
losis 
Biological 
and Research 
Mosquito Control 
Com. Sanitation 
U. S. Public 
Health Service 
U. S. Children’s 
Service 
Labora- 
tories 
Diag- 
nostic HEALTH DEPARTMENT PERSONNEL 
7 
PERSONNEL 
The State Director of Public Health is in direct administrative 
charge of the Department. The total personnel of the Department, 
including all positions filled in the current fiscal year and those 
budgeted for 1940-1941, is shown by class below: 
1. Administrative 
Class 
Number 
Officers 12 
Assistants 12 
2. Medical and Dental 
Clinicians 39 
Medical Health Officers 25 
Obstetrician 1 
Pediatricians 7 
Dentists 5 
Other medical 1 
3. Technical 
Bacteriologist Sero 37 
Biologist 1 
Chemists 11 
Laboratory Helpers 14 
Milk Sanitarians 6 
Nutritionists 4 
Engineers 39 
Statisticians 4 
Other technical 13 
4. Nursing 
Dental Nurses 4 
Public Health Nurses 114 
Assistant Supervising Nurses 7 
Venereal Disease Nurses 25 
Other nursing 17 
5. Inspectors and Investigators 
Communicable Disease Inspectors except Venereal Disease... 3 
Industrial Hygiene Inspectors 2 
Lodging House Inspectors 12 
Venereal Disease Investigators 7 
Vital Statistic Investigators 3 
Other Inspectors and Investigators 7 8 
GENERAL INFORMATION 
6. Clerical and Stenographic 
Bookkeepers 4 
Clerks 60 
File Clerks 3 
Librarian 1 
Messengers 7 
Secretaries 4 
Stenographers 69 
Tabulating Machine Operators 4 
Typists 41 
Other Clerical and Stenographic 
7. Auxiliary 
Chauffeur 
Janitor 2 
Laborers 21 
Other Auxiliary 1 
8. Trainees 
Dentist 1 
Engineer 1 
Nurses 9 
Physicians 7 
Other trainees 1 
668 
(1) Merit System 
All of the personnel of the Department except the Direc- 
tor, the Assistant Director, the Chief of the Division of Cancer 
Control and the Superintendent of Lodging House Inspection, 
who are classed as State Officers appointed by the Governor, 
are under the State Civil Service System. This applies equally 
to employees paid from State and Federal funds. All employees 
have either complied with the State Civil Service regulations 
or are in process of meeting the Civil Service requirements. 
The latter will be accomplished as rapidly as the resources of 
the Civil Service Commission permits. Employees not yet 
certified on a permanent basis have qualified for pending ex- 
aminations. 
All details of the Civil Service regulations are set forth in 
the Civil Service Law and of Rules of the Civil Service Com- 
mission. 
Personnel administration of the Department is vested in 
the Director who passes on the qualifications of all appointees. 
The classification of the personnel of the Department, age limits, 
qualifications, salary range, etc., are shown in the Civil Service 
Commissions’ classification schedule. 
(2) Accounting and Financing 
All funds obtained under the provisions of Title VI, as 
well as those obtained from other Federal sources, are handled 
and expended exactly as though they were funds appropriated PERSONNEL TRAINING 
9 
by the State. All payrolls of employees coming under the 
classified merit system must be approved by the Civil Service 
Commission and by the Department of Finance before the state 
auditor can legally issue salary warrants. Money for other 
purposes can be spent only upon approval by the State Depart- 
ment of Finance of requisitions giving specific details of pur- 
poses of expenditure. All printing contracts are let by the 
State Division of Printing and all purchases are made either 
by the State Division of Purchases and Supplies or on author- 
ity granted by that Division. 
State and Federal auditors examine the financial records 
of the Department of Public Health from time to time. 
The Chief Clerk of the Department, is in immediate charge 
of the accounting office. 
(3) Training of Personnel 
Training of personnel is accomplished in three general 
ways, (I) the assignment of selected candidates for attendance 
at recognized schools of public health, (II) the constant in- 
service training, and (III) attendance of selected personnel at 
conventions. 
I. (a) Regional conferences at which members of the central 
administrative and field staff meet for discussion of 
public health problems of particular importance to the 
three regions, respectively, are held periodically in the 
northern, central and southern thirds of the State. 
(b) One and two-day conferences and institutes are held 
at frequent intervals for specialized personnel—medi- 
cal, nursing, engineering, etc. Some of these involve 
only Departmental personnel. Others include local 
personnel, especially nurses, operators of water and 
sewage treatment plants, swimming pools, milk pas- 
teurization plants, etc. 
(c) A State conference on public health is held annually 
with attendance of Department personnel required. 
(d) Staff meetings are routine in the division where this 
is important and practicable—Laboratory, Engineer- 
ing, Child Hygiene, Communicable Disease, etc. 
II. All division chiefs and a considerable number of other 
members of the professional staff are assigned to attend 
at least one important national convention on public health 
annually, such as the American Public Health Associa- 
tion. Many are assigned to attend the various regional, 
state and local conventions in the medical, public health 
and allied fields. 
The State Director of Public Health, is in direct charge of 
personnel training at schools of public health. The several 
division chiefs are in immediate charge of the other train- 
ing functions. 10 
GENERAL INFORMATION 
(4) Supervision and Promotion of Local Health Service 
This activity was administered, beginning July 1, 1940, by 
newly created Division of Local Health Administration at the 
head of which is a medical officer known as the division chief. 
This officer is in direct administrative charge of the 21 State 
district health units which are integral parts of the State De- 
partment of Public Health. Each district is headed by a medi- 
cal officer and has on the staff also a public health nurse, a 
sanitary engineer and an office clerk. From 1 to 6 counties 
are embraced in each district. 
These districts undertake to provide, (1) a broad general 
local health service in the rural areas and communities 
where no public health service is otherwise available, (2) give 
assistance and guidance to local official and voluntary agencies 
in their respective districts, (3) and promote the strengthening 
and establishment of local health services. 
The division chief, and through him the district health 
officers, is responsible for supervision over the expenditure of 
funds allotted to local health departments by the State Depart- 
ment of Public Health. There were 9 local health departments 
which received financial aid in this way during the current year 
and there are 10 which anticipate aid in the ensuing year. 
Whole time local health services, in addition to the 21 state 
district health units, are as follows: 
Berwyn 
* Champaign-U rbana 
* Chicago 
Cicero 
*Decatur 
*E. St. Louis 
Elgin 
Evanston 
*LaSalle, Peru & Oglesby 
*Peoria 
#Rockford 
Winnetka 
(5) Communicable Disease Control (See “Manual and Outline of 
Procedure for Health Officers.” Available to all health 
Officers.) 
(a) GENERAL 
Activity under this title is centered in the Division of 
Communicable Diseases which promulgates and enforces 
quarantine and other rules and regulations relating to 
communicable diseases; collects, analyses and utilizes ease 
reports; stimulates and carries out through field personnel 
campaigns of inoculation against various diseases; dis- 
Financial aid extended to. COMMUNICABLE DISEASES 
11 
tributes biologies; makes detailed epidemiological studies 
of every reported case of typhoid fever, smallpox, adult 
chickenpox, diphtheria and poliomyelitis and of outbreaks 
of other diseases. 
Popular literature on all of the common communicable 
diseases is distributed through field workers and in re- 
sponse to specific requests. Lectures to lay and profes- 
sional groups are given frequently and advantage taken 
of all practical channels of education for disseminating 
information on disease control. 
The chief of the Division of Communicable Disease is in direct ad- 
ministrative charge. 
(b) TUBERCULOSIS CONTROL 
A Division of Tuberculosis Control has been author- 
ized by state legislature and is to be created. Its duties 
will include (1) promoting the adoption of the county 
tuberculosis control law by counties which had not done so; 
(2) the standardization of sanatorium practice and of tu- 
berculosis; (3) the promotion of local case finding pro- 
grams; (4) the making of research studies on tuberculosis; 
(5) the coordination of all organized efforts, official and 
voluntary, in the field of tuberculosis control. 
The personnel of the division has not been organized. 
(c) PNEUMONIA CONTROL 
In its efforts to control pneumonia with the end in 
view of reducing mortality to at least 10% of all cases of 
that disease, the Department (1) distributes free anti- 
serum (rabbit) and/or sulfapyridine on request of the 
physician for the treatment of any pneumonia patient 
from whom specimens are taken and typed in approved 
diagnostic laboratories; (2) provides diagnostic laboratory 
services free for typing and therapeutic control; (3) offers 
training facilities for laboratory technicians; (4) gives 
assistance to local laboratories in meeting standards re- 
quired for approval; (5) establishes local stations or depots 
(27 at present) from which the free therapeutics may be 
had and approves local laboratories (now about 150) for 
typing service; (6) holds institutes and special conferences 
with practicing physicians and nurses and with public 
health workers in the professional aspects of diagnosis and 
therapy; (7) conducts lay educational programs through 
public speaking, radio addresses, motion pictures, and lit- 
erature; (8) collects and analyzes in detail statistical rec- 
ords on pneumonia; (9) initiates and carries forward re- 
search studies in the clinical and laboratory aspects of 
pneumonia control. 
The Pneumonia Control Officer is in direct administrative charge 
of the pneumonia control program. 12 
GENERAL INFORMATION 
(d) MALARIA CONTROL 
See Mosquito Control under (j) in (7) Environmental 
Sanitation. 
(e) VENEREAL DISEASE CONTROL 
(1) General 
The program is based on the conception that the 
venereal diseases constitute a major public health problem 
of the same order, from a professional standpoint, as any 
other serious communicable disease and should be attacked 
as such rather than as a problem of social morality. Treat- 
ment of infected individuals is considered fundamental in 
order that sources of infection may be eliminated. To 
this end the activities are executed along the lines of (2) 
education, (3) case-finding, (4) case-holding, (5) epidemi- 
ology, (6) clinics, (7) service to physicians, (8) reciprocal 
relations, (9) special measures and (10) legislative meas- 
ures. 
Activities along these several lines, in the order listed, 
are discussed in some detail below. 
(2) Educational Measures 
Educational measures for public information are to be 
continued by cooperating with the churches, clubs, schools, so- 
cieties and other organizations by furnishing them with liter- 
ature, pamphlets, moving pictures and speakers on syphilis 
and gonorrhea. During the past year there has been received 
an increasing number of requests for speakers on the premarital 
health laws. There were about 300,000 pamphlets on venereal 
disease distributed. New publications and pamphlets for pub- 
lic and especially high school information will be purchased 
as the needs arise. 
(3) Case Finding 
The diagnosis of new cases (case finding) will constitute 
a very important factor in the control program of venereal 
diseases and special efforts will be directed to the finding of 
early cases of gonorrhea and syphilis by the following meas- 
ures : high index of suspicion of infection, epidemiological in- 
vestigation of source and contact, pre-marital health examina- 
tions, routine blood tests of all pregnant women, industrial and 
school blood testing surveys and routine blood tests done on 
all hospital and out-patient clinic eases, other than non-venereal 
disease patients. 
(4) Case Holding 
Control of cases of syphilis and gonorrhea (case holding) 
constitutes a very integral part of the control program and 
the success of this measure determines the success or failure VENEREAL DISEASE CONTROL 
13 
of any venereal disease program. The method of case holding 
has been found very effective and provides for the following: 
monthly check-up letter containing a list of the drugs for the 
next five weeks’ treatment of each patient listed in the records 
as being under the physician’s care is sent to every doctor for 
his “O.K.” check or he may substitute his own choice of drugs. 
(5) Epidemiology 
The success for the control of syphilis and gonorrhea de- 
pends upon the careful tracing of every infection to its original 
source and the investigation of each and every person whom 
the patient might have exposed. The manner and method of 
approach of the public health officer, nurse, or field representa- 
tive in making these investigations determines the success 
or failure of the epidemiological results of venereal diseases. 
They must apply the ordinary public health principles toward 
the detection and prevention of an infectious disease, one sub- 
ject to the concepts of spread and contact, as in diphtheria or 
smallpox. It is obvious that a disease which is transmitted 
almost entirely by one method should be less difficult to follow 
than one transmitted by insect vectors. This is a problem to 
be solved by individual initiative and is not capable of solution 
by application of mass methods. 
The interest and appreciation for efforts in this type of 
work has been manifested by the medical profession in the fol- 
lowing manner: 
1. Morbidity reports of venereal disease contain the actual 
names of the patients in over 81 percent of the total 
cases reported. 
2. The actual names of suspected sources of infection were 
reported in 25 percent of the cases. 
(6) Clinics 
The establishment of venereal disease clinics is only recom- 
mended in those communities which fail to make adequate or 
no provision at all for the proper treatment of indigent vene- 
real disease cases. 
At the present time there are 30 down-state and ten 
Chicago clinics which offer free treatment for venereal diseases 
to patients who can not afford to pay for treatment, and in- 
clude relief cases, medical indigent cases, transients, and any 
patient referred by a private physician. 
(7) Services to Physicians 
The State of Illinois furnishes free of charge to all licensed 
physicians in the State reporting venereal disease cases the 
following services: 
1. Free Drugs—Free drugs are furnished for either 
treatment of all cases of syphilis and gonorrhea 
regardless of the economic status of the patient. 14 
GENERAL INFORMATION 
2. Laboratory Services—include darkfield for Spirocheta 
pallida; smears for gonococci and Ducrey bacilli; 
blood Kalin and Wassermann tests; Spinal fluid exam- 
inations and Frei tests for lymphogranuloma. Lumbar 
punctures with the examinations of spinal fluid can be 
secured for all patients referred by private physicians 
to any of the clinics. 
3. Consultation Services—this service is given by clinic 
Directors at requests of private physicians. 
4. Standardization of Treatment—Free pre-scheduled 
treatment outlines for all cases of early and latent 
syphilis, as well as syphilis in pregnant women and 
congenital lues, are furnished to all physicians report- 
ing venereal disease cases. These treatment outlines 
provide for continuous, uninterrupted arsenical and 
bismuth medication, which is based upon the recom- 
mendations of the Cooperative Clinical Group of the 
U. S. Public Health Service. 
5. Refresher Courses—Post graduate or refresher courses 
free to all physicians are held at the Municipal Social 
Hygiene Clinic in Chicago. Practical instruction in 
the diagnosis, treatment and laboratory management 
of venereal disease cases are given. Although this 
course is well attended by physicians in the immediate 
vicinity, it is planned to make similar post graduate 
courses available to down-state physicians with a mini- 
mum loss of time and expense. 
(8) Reciprocal Relationship 
The Section continues to foster relationship with full time 
officers of health in interurban cities, as well as interstate 
venereal disease control officers, whereby the exchange of in- 
formation pertaining to cases of venereal disease will become 
of mutual benefit. Reciprocal relationship cards containing all 
the necessary information of each case are in the process of 
being printed. 
(9) Special Measures 
1. Control of Syphilis in Pregnant Women.—A special 
plan for the management of luetic pregnant women has been 
devised and successfully carried out by this Section. It es- 
sentially consists of the blood testing of all pregnant women as 
required by the enactment of the recent law, and the placing of 
positive cases under continuous antiluetic treatment as soon 
and as long as possible until confinement. A special endeavor 
is made to institute treatment before the fifth month. The 
enactment of the Saltiel pre-natal law July 1, 1939 resulted in VENEREAL DISEASE CONTROL 
15 
19,703 blood tests of pregnant women, up to May 1, 1940, of 
which 234 were positive. At the present time records show 
about 500 luetic pregnant women under the care of nearly 450 
private physicians and in those cases which were caused to be 
placed under treatment before the fifth month of pregnancy, 
90 per cent terminated in apparently normal, healthy babies 
with negative blood serology. 
2. Control of Congenital Syphilis.—A control program 
for the diagnosis and treatment of congenital syphilis is con- 
templated for the coming year. All these cases are card in- 
dexed and a personal letter sent to the attending physician, 
together with the drug and pre-scheduled treatment outline 
of congenital syphilis. A copy of these cases is sent to the 
Division of Child Welfare. Certain hours of clinics are to be 
allotted for the treatment of these cases under competent pedi- 
atricians and clinicians. 
3. The control of early cases of syphilis under the care of 
private physicians has been one of the main endeavors and 
all cases mentioned by the attending physician as having * ‘ com- 
pleted their treatment”, “cured”, “sufficient treatment to be 
non-infectious” have been checked by an investigator and if 
the amount of antiluetic treatment received is below minimum 
standard, every effort is made to have the patient continue 
treatment. 
(10) Legislative Measures 
The present regulations pertaining to compulsory report of 
all venereal disease cases should be more rigidly enforced. New 
laws should be enacted, giving the health department more 
leaway in the control of gonorrhea and syphilis among prosti- 
tutes. Better legal control of dispensing druggists, quack doc- 
tors and manufacturers of “sure and quick cure” medicines 
is contingent on passing and enforcing new laws. 
(11) New Activities 
This Section is very much interested in the intensive 
therapy method of the treatment of early syphilis as developed 
at the Mt. Sinai Hospital in New York City. At the present 
time arrangements are being made to carry on this type of 
treatment as outlined in the proposed standards for same in 
the Cook County Hospital in Chicago, in Peoria and Decatur, 
Illinois. 
Quantitative Kahn test to check cases of syphilis under 
treatment has recently been developed and placed at the dis- 
posal and upon request of private physicians in Chicago and 
Champaign branches of the State Laboratory, and in the full 
time health units in Rockford and Evanston, Illinois. 16 
GENERAL INFORMATION 
Kahn verification test to eliminate false positive reports of 
blood tests for syphilis has been carried on in Chicago labora- 
tory in cooperation with the method developed by Dr. R. L. 
Kahn. 
A new procedure recently instituted pertains to the 
monthly reporting of all positive blood tests and smears sub- 
mitted to the approved laboratories in the State of Illinois 
under private supervision. 
The Venereal Disease Control Officer is in immediate ad- 
ministrative charge of this Section. 
(6) Vital Statistics 
Under the uniform vital statistics law, certificates of 
births, stillbirths and deaths are collected, compiled, analyzed 
and studied to provide information useful to health authorities 
as guide to the formulation and execution of programs. De- 
tails of present and proposed activities are discussed below: 
Consolidation of the machine tabulation installation of the 
Division of Vital Statistics with that in the Statistical Division 
has made possible an expanded program in vital statistics with- 
out increase in personnel. This expansion is being promoted 
as rapidly as conversion of specific operations from manual to 
machine methods can be effected. 
At the present time punch cards are prepared for deaths 
only, the punched card serving both indexing and statistical 
purposes. Indexes are prepared monthly by machine sorting 
and listing of the punched cards, the series of monthly indexes 
being replaced at the end of the year by an inclusive annual 
index. Provisional monthly tabulations are prepared from 
the same cards, followed in due course by quarterly and semi- 
annual summaries. These current tabulations include at the 
present time a General Mortality table, an Accident Fatalities 
table, and a Motor Vehicle Accident Fatalities table. It is 
planned very soon to add separate panels of venereal disease 
deaths, deaths from pneumonia and other respiratory infec- 
tions and common precursors of pneumonia, and maternal and 
infants deaths, respectfully. The object of these additions is 
to serve more discriminately and more fully than heretofore 
the established concerns of the several divisions and programs 
of the Department. The utility of current detail in other 
important groups of causes of death is being further explored. 
The use of a summary card will be introduced shortly to 
make possible the direct production of final copies of these 
tables on the alphabetic printing tabulating machine without 
intermediate manual editing, compiling and typing. 
At the present time annual tabulations of deaths are all 
on the basis of place of occurrence. Rates computed on this 
basis often lead to incongruous or grossly misleading results. 
A procedure is being set up for placing all deaths tabulations 
on a residence basis. This will apply to the 1940 tabulations VITAL STATISTICS 
17 
and if resources permit will be carried back in a retabulation 
of the last decade, in order that residence data may be given a 
preference over occurence data in the recomputation of rates 
which will be made possible when the 1940 census population 
figure become available. 
The out-of-state deaths of Illinois residents, cleared 
through the Federal Bureau of the census, will for the first 
time be included in statistical tabulations this year. 
Punch Card System 
The first major innovation of the new fiscal year will be 
the installation of a punch card for births. It will for the 
first time make possible the production of adequate indexes 
as well as afford much needed statistical tabulations. The 
latter are at present limited to certain hand counts and are 
necessarily severely limited in scope. The punched card will 
for the first time render feasible the computation of rates on 
the basis of residence of the mother. This is especially im- 
portant in connection with maternal and infant death rates 
as well as birth dates. It is planned to adopt a procedure for 
producing on the alphabetic printing machine the notices of 
birth registration which are sent to parents. The routine 
follow-up of the birth certificate items relating to ophthalmia 
neonatorum and antenatal tests for syphilis will for the first 
time be practicable. 
In connection with both births and deaths, the possibility 
is being carefully explored of furnishing in punched card 
form by simple machine duplication the transcripts required 
by the Bureau of Census. 
A comprehensive registration directory of registration 
districts, registration officials, coroners, undertakers and mid- 
wives is being set up on punched cards as an integral part of 
the system. It complements the Medical Register of profes- 
sional personnel and facilities of the State which is maintained 
by the Statistical Division and will immensely facilitate the 
production of up-to-date reference lists and mailing lists be- 
sides serving as an indispensable key code. 
Plans are under way for preparing with the assistance 
of the Works Progress Administration machine listed indexes 
of all births and deaths reported since the adoption of the vital 
statistics act in 1915. For a major portion of this period only 
card file indexes are at present available and none of these 
include Chicago certificates. Searching can be materially 
expedited by adequate indexes and clerical personnel at present 
occupied with this task transferred to other work. Valuable 
statistical data not previously obtainable will incidentally 
accrue. Eventually it is expected to carry the punch card 
transcription of original records back to 1877. At the present 18 
GENERAL INFORMATION 
time searches of these earlier records are completely precluded 
and no protocal statistical material is available to supplement 
the tables originally prepared. 
The possibilities of microfilm technique will be explored 
for a solution of the acute problem of housing the original 
records and mobilizing them for ready use. It is hoped that 
specific legislative proposals for the establishment of a system 
for the registration of marriage and divorce statistics will be 
forthcoming from a study of the new model vital statistics 
Jaw prepared by national authorities. 
A comprehensive analysis of the entire state documenta- 
tion system relating to births and deaths has been initiated 
with a view to revision of the present cumbersome and unwield- 
ly registration system. Results of the birth registration test now 
being conducted by the census will be utilized in selecting 
registration districts for consolidation. It is planned to use 
the punched card for preparing statements provided the county 
clerks of fees due local registrars. 
It is proposed to cultivate a more intimate relationship 
of the Division of Vital Statistics to the other divisions of the 
Department and to the field program in the twenty-one public 
health districts of the State. This can be accomplished pri- 
marily by providing more plentiful and specifically informative 
working data of control value. Fundamental reference tables 
pertaining to local health history and current health conditions 
in the several regions of the State are in process of preparation 
with the assistance of a Works Progress Administration pro- 
ject operating in the Statistical Division. The compilation of 
communicable disease morbidity data has been undertaken 
initially, but during the coming year arrangements will be 
made to extend this work to include parallel birth, death and 
population data. A basic series of control maps is in process 
of preparation for these purposes. 
It is intended to reduce to a bare minimum all purely 
routine tabulations and to emphasize rather the greater use- 
fulness of tabulations tailor made to fit well defined purposes. 
It is hoped that the Division of Vital Statistics can also be 
instrumental in furnishing to voluntary and other non-state 
agencies with specialized concerns more pertinent statistics 
accompanied by adequate analysis and interpretation instead 
of undigested—and indigestible—masses of miscellaneous 
tables. 
The Registrar is in immediate administrative charge of this 
activity. 
(7) Environmental Sanitation 
Activities under this title, with the exceptions noted below, 
are administered directly by the Division of Sanitary En- 
gineering, which aims to obtain improved sanitation through 
local efforts in the ways described below: ENVIRONMENTAL SANITATION 
19 
(a) Water Supply (Public) 
Review of all plans for additions to existing 
facilities and for new facilities. The complete five- 
point program consists of routine inspections at 
least annually and frequent routine analyses of 
samples; the receipt of operation reports (for all 
treated supplies) ; holding meetings for waterworks 
operators in various sections of the State and a short 
course for operators; issuance of quarterly publica- 
tion devoted to waterworks problems; issuance of 
certificates of competency to water treatment plant 
operators. 
(b) Sewage Disposal Facilities 
Review of all plans for additions to existing 
facilities and for new facilities. All technical work 
for the Sanitary Water Board is done in this divi- 
sion and the Chief Sanitary Engineer by law being 
the Technical Secretary of the Sanitary Water Board. 
The program consists of the promotion of the in- 
stallation and extension of sewerage facilities com- 
bined with an operation program embracing routine 
inspection and personal instruction to operators; the 
receipt of monthly operation reports; holding sec- 
tional and State-wide meetings and short course for 
operators; issuance of a quarterly publication de- 
voted to sewage treatment problems and issuance of 
certificates of competency to sewage plant operators. 
Advice given to individuals, schools, subdividers on 
questions of waste disposal. The above activities are 
authorized by the sanitary water board law, the 
Director of Health being the Chairman of the Sani- 
tary Water Board. 
(c) Housing Control 
Through cooperation with the Federal Housing 
Administration, all water supply and sewerage in- 
stallations (other than connection to a city sewer or 
water main) must receive the approval of the depart- 
ment. This is accomplished through the review of 
information on such installations on forms prepared 
by this department and in this connection consider- 
able advice and assistance is given the individual 
home owner. 
(d) Plumbing Control 
Because there is no State plumbing code, activi- 
ties are in cooperation with municipalities in pro- 
moting the passage of model plumbing ordinances. 20 
GENERAL INFORMATION 
A plumber’s licensing law is administered by an- 
other department of State government. (Depart- 
ment of Registration and Education) 
(e) Smoke Prevention (See Powers of City Council and 
Public Health Boards.) 
None attempted. 
(f) Rodent Control (See Powers of City Council and 
Public Health Boards.) 
No organized program other than advice to 
those interested in such problems. 
(g) Garbage Collection and Disposal 
No organized program except through general 
assistance to municipalities in connection with their 
sanitation problems. 
(h) Shellfish Sanitation (See Powers of City Council and 
Public Health Boards.) 
None attempted. 
(i) Milk Sanitation and Control 
Administration of the State pasteurization plant 
law, through routine inspections of plants, holding 
meetings for education of operators, issuance of pub- 
lication devoted to milk pasteurization plant prob- 
lems, issuance of certificates of approval to milk 
pasteurization plants complying with the minimum 
sanitary requirements; inspection of farm facilities 
upon request where municipalities are operated 
under Standard Ordinance otherwise control of raw 
milk is vested in the Department of Agriculture. 
(j) Mosquito Control 
Through a WPA department-sponsored pro- 
ject, eradication through mainly drainage biTt some 
oiling and dusting is carried out in southern portion 
of State where malaria is prevalent. Mosquito con- 
trol districts permitted to be formed under State 
law given advisory service. 
(k) See Item No. 23. 
(l) Stream pollution 
See (7) (b). In addition an intensive program 
of industrial waste treatment and stream surveys are 
carried on by the Sanitary Water Board. DENTAL HYGIENE 
21 
(m) Swimming Pools 
As provided for by swimming pool law, plans 
for all improvements to existing and for new pools 
are reviewed and approved. Operation program 
consists of routine inspections and analyses, receipt 
of operation reports, holding of section swimming 
pool operators meetings, issuance of quarterly publi- 
cation devoted to swimming pool problems and the 
rating and issuing of certificate of sanitary classifi- 
cation to all pools with a definite requirement in the 
law that this must be posted. 
The Chief Sanitary Engineer, is in immediate administra- 
tive charge of this activity. 
(8) Public Health Nursing 
See Item No. 16. The programs of (1) public health nurs- 
ing, (2) school health and (3) maternity, infancy and child 
hygiene are combined for administrative purposes in the Di- 
vision of Child Hygiene and Public Health Nursing, described 
under Item No. 16. 
(9) Dental Hygiene 
Purely educational in purpose and aimed at the preven- 
tion and correction of dental ills through the improvement of 
dietary habits on the one hand and regular dental care on the 
other, the Division of Month Hygiene undertakes (1) the exam- 
ination of school children on a large scale in areas (especially 
rural) where no local service is available for the detection of 
dental defects; (2) the arousing of parental interest in the 
correction of such defects through reports on the examination 
to them and through public meetings and individual confer- 
ences in connection with the examination program; (3) the 
production of literature for distribution and of exhibits and 
other usual slides for lending; (4) the holding of periodic in- 
stitutes with dentists and with teachers on public health phases 
of dentistry and mouth hygiene; (5) collection, analysis and 
study of statistical data on dental subjects; and (6) research 
in such problems as the effects of fluorine on dental health. 
For administration purposes in this activity the State is 
divided into 5 districts with a dental unit staff (a dentist and 
dental assistant nurse) in each case to carry on field service. 
The Chief of the Division is in immediate administrative 
charge of this activity. 
(10) Cancer Control 
The specific cancer control program aimed at the preven- 
tion and cure of cancer by the early diagnosis and appropriate 
treatment of cancer and cancerous conditions and the avoidance 22 
GENERAL INFORMATION 
of habits conducive of cancer, which was first initiated during 
the (1939-1940) fiscal year consists of two phases. These are 
(1) educational and (2) laboratory diagnostic. 
(1) The education work is done by the Division of Cancer 
Control set up in the Department of Public Health by an 
amendment to the basic organizational law, the Civil Adminis- 
trative Code. This law provides among other things, for a 
board of advisors to the Division, the members with staggered 
terms, being appointed by the Governor. This board of 7, at 
least 4 of whom must be recognized and authorities on cancer 
control, has the power of approval of the Chief of the Division, 
an officer required by law and also appointed by the Governor. 
This phase of the program will consist of (1) promoting 
public interest in cancer through literature, lectures, motion 
pictures and other means of education; (2) the promotion of 
organized voluntary effort through such agencies as the Wom- 
an’s Field Army: (3) the stimulation of official activity through 
local health departments; (4) the education of physicians 
through programs at county societies, special institutes and 
short courses of post graduate work at suitable medical centers; 
(5) the making of surveys on the prevalence of cancer and 
facilities for diagnosis and treatment with the purpose of im- 
proving the latter. It will be the aim to promote developments, 
which will offer competent diagnostic and treatment service to 
all who need them. 
The closest contact and cooperation with the medical pro- 
fession will be maintained in these efforts. 
(2) The laboratory diagnostic service will be in two 
phases—(a) that done free by that State Department of Public 
Health and (b) that done in other laboratories. 
The free service will be limited largely to the examination 
in the Department’s laboratories of tissue specimens from 
rural areas and small communities where local laboratory fa- 
cilities are not readily available. 
In respect to other laboratories, efforts will be made (1) to 
improve the efficiency of cancer diagnostic service where it is 
now attempted and (2) to promote the setting up of such serv- 
ices in suitable laboratories which have not undertaken to do 
this work. Expert guidance in this work is provided by the 
Department. It proposes also to offer to train laboratory work- 
ers and pathologists in the laboratory technique of cancer diag- 
nosis. Short courses in the Department’s laboratories will be 
offered for this purpose. 
The Chief of the Division of Cancer Control is in administrative 
charge of phase (1) of this activity. 
The pathologist is in charge of the diagnostic service. 
All of the activity is closely coordinated and operated coopera- 
tively. The two-phase distinction in the set-up is the result of two 
laws creating the cancer control service. LABORATORY SERVICES 
23 
(11) Industrial Hygiene 
With the end in view of reducing among industrial work- 
ers all ills arising from occupational risks and of promoting 
positive health among those workers the Division of Industrial 
Hygiene offers expert medical, engineering and laboratory 
services along the following lines: 
(a) Workrooms, factories and plants are inspected and 
appraised from the standpoint of sanitation and occupational 
risks and hygiene facilities and recommendations made for 
improvement where needed; (b) an occupational disease clinic 
is maintained to which individuals may be referred for expert 
diagnostic service; (c) a free laboratory service for diagnostic 
tests on specimens relating to occupational disease and for the 
determination of chemical and dust content of substances used 
in manufacturing process is maintained; (d) the clinical exam- 
ination of workers is done when conditions indicate and circum- 
stances permit; (e) assistance to personnel managers in plans 
for the selection and placement of employees in accordance 
with their physical and mental assets is rendered; (f) case- 
finding programs in reference to tuberculosis and syphilis are 
promoted; (g) statistical records on occupational risks and 
diseases are assembled, analyzed, studied and utilized; (h) spe- 
cial literature and exhibits are proposed for educational pur- 
poses. 
The Chief of the Division of Industrial Hygiene is in direct ad- 
ministrative control of this activity. 
(12) Laboratory Services 
Aimed at providing as far as possible all practicable aids 
available from such sources in the control of communicable 
diseases, the laboratory services of the Department are divided 
into three general classes—(1) diagnostic, (2) biologic and re- 
search ; and (3) water and sewage. The first two are under the 
Division of Laboratories while the third is in the Division of 
Sanitary Engineering. 
In the diagnostic activity, which embraces a central labora- 
tory at Springfield and branches at Carbondale, Champaign, 
Chicago and Galesburg, (1) specimens are examined free of 
local cost for all communicable diseases for which practicable 
test procedure are available; (2) the standards of services in 
other public and private diagnostic laboratories is promoted 
through a system of approval which is required by law for 
laboratories which do V. D. tests for prenatal and premarital 
purposes and is encouraged by Department rulings for those 
which offer to type pneumonia specimens; (3) courses of train- 
ing for local laboratory technicians are offered; (4) special field 
epidemiological studies are made through the use of a mobile 
laboratory at points where occasion makes practicable; (5) 
tissues for examination for cancer are accepted on a limited 
scale, those from indigent patients and from physicians who 24 
GENERAL INFORMATION 
desire it for special confirmation in diagnosis; (6) the estab- 
lishment of local general diagnostic laboratories is encouraged 
in every practicable way. 
In the biologic and research laboratories is undertaken 
(1) the manufacture of silver nitrate solution, anti-rabies and 
typhoid fever vaccine, diphtheria toxoid and Schick material 
and several other products; (2) the testing of samples of all 
biologies purchased; (3) the study of subjects leading to the 
improvement in diagnostic tests and in biologies and the de- 
velopments of new procedures and new preparations. 
In the water and sewage laboratory samples from public 
water supply and sewage disposal systems are analyzed rou- 
tinely and from private supplies on requests. Tests are done 
also in connection with special studies on stream pollution and 
in connection with chemical controls. 
The Chief of the Division of Laboratories is in direct control of 
the diagnostic and biologic service. The water and sewage laboratories 
are under the immediate administrative control of the Chief Sanitary 
Engineer. 
(13) Food and Drug Control 
None—carried out by Department of Agriculture. 
(14) Public Health Instruction 
Aimed at cultivating attitudes which will lead the people 
generally to take advantage as fully as practicable of all that 
preventive medicine has to offer and which will stimulate confi- 
dence in the medical, public health and allied professions, the 
Division of Public Health Instruction utilizes all of the estab- 
lished channels for disseminating information generally 
throughout the State. Routine activities include the use of the: 
(a) Press 
(b) Radio 
(c) Motion pictures 
(d) Exhibits 
(e) Platform 
(a) Special literature on a wide range of topics is pro- 
duced and distributed; a bi-weekly popular bulletin for general 
distribution and a weekly and bi-weekly bulletin for public 
health workers are published; about three releases weekly for 
newspapers are prepared; special and annual reports are com- 
piled and edited; special articles for journals are prepared. 
(b) Dramatized radio programs at the rate of 26 annu- 
ally are prepared, transcribed electrically and furnished to 30 
cooperating broadcasting stations. 
(c) Motion picture films are acquired by purchase or 
production and made available on loan and through a mobile 
unit and through the State district units to any responsible 
person or agency in the State. MATERNAL AND CHILD HEALTH 
25 
(d) Mobile exhibit pieces including almost every type of 
visual device suitable for exhibit purposes and covering a wide 
range of subjects have been constructed and are displayed at 
fairs, conventions, special conferences, schools, training camps 
and sundry other events and places. 
(e) The platform is utilized by arranging for and provid- 
ing suitable talent for (1) special speaking engagements, and 
(2) special local and state-wide conferences. 
The Chief of the Division of Public Health Instruction is in im- 
mediate administrative charge of this activity. 
(15) School Health Service 
(See Item No. 16) 
(16) Maternal and Child Health 
This activity as well as the state-wide public health nurs- 
ing and school health service is administered by the Division 
of Child Hygiene and Public Health Nursing. The objective 
of this three-fold program is to accomplish a general and sub- 
stantial improvement in health by creating a demand for top- 
notch professional service on the one hand and by raising pro- 
fessional efficiency and alertness on the other. 
(a) The maternity program is initiated and executed 
through a State committee on which is represented the organ- 
ized medical and nursing professions, the laity through such 
agencies as the Parent-Teacher associations and the Depart- 
ment. The work includes the education of physicians through 
programs carried to the local societies, and through post-grad- 
uate short courses during the summer offered at the Medical 
College of the University of Illinois. Lay education programs 
are built around regional conferences under the auspices of a 
local physician appointed as a district chairman in the general 
scheme. Consultant nurses work with local nurses and hos- 
pitals. Demonstrations are carried out on a county basis at 
selected points, a full time nurse being assigned to that duty. 
Specially trained nurses are assigned on indefinite duty to 
various municipalities where conditions offer special opportun- 
ities. Also, supervision is maintained, through legal responsi- 
bility, over all maternity hospitals and institutions, each being 
required to meet certain established minimum standards in 
order to obtain and retain a license. 
(b) The infancy and child hygiene program is similar in 
character to the maternity program. Special trained nurses 
assigned to this work promote and guide the functioning of 
infant welfare societies and nursing services, mothers’ clubs, 
etc. Special campaigns of inoculations are promoted. 
(c) Public Health Nursing is promoted by (1) extending 
grants-in-aid equal to one-half the local costs, (2) by giving 
demonstrations in nursing service and by (3) rendering expert 
assistance in nursing to interested local groups. A visiting 26 
GENERAL INFORMATION 
bedside nursing service is maintained in a dozen counties. 
(d) School Health Service includes (1) the examination 
of school children by staff members as demonstrations, (2) the 
making of surveys and appraisals of school systems as to sani- 
tation, health service and curriculum courses, (3) the holding 
of conferences with school authorities to promote better teach- 
ing practice, (4) the activity of nutritionists in improving the 
dietary practices at schools and in the homes. 
The Chief of the Division is in immediate administrative control. 
(17) Birth Control 
None—not carried out by any State Department. 
(18) Mental Hygiene 
Program proposed under U. S. Mental Hygiene Consultant. 
(19) Crippled Children 
None—carried out by Department of Public Welfare. 
(20) Medical Care 
None—carried out by Department of Public Welfare. 
(21) Research 
Research in the Kahn verification test for syphilis; on 
equine encephalomyelitis; in unimproved methods of identify- 
ing diphtheria bacilli and differential diagnosis of enteric speci- 
mens ; for culturing pneumococci; for determining the blood 
saturation with sulfapyridine; in statistical methods; on the 
influence of fluorine in drinking water; industrial waste dis- 
posal ; and several other subjects have been culminated or are 
still in progress. 
(22) Other Activities 
A public health library service is maintained for the benefit 
of the Department staff, local public health workers and local 
libraries. Books and other references are provided on loan, 
bibliographies prepared for special subjects, and guidance ex- 
tended to local libraries in selecting public health books. 
(23) Lodging House Inspection 
The work of this Division is confined by law to cities over 
100,000 population, which restricts it, at the present, to Chicago 
and Peoria. Its purpose is to prevent overcrowding, especially 
in the poorer lodging houses, and to see that reasonably satis- 
factory sanitary standards prevail. Ventilation, water sup- 
plies, sewage disposal and cleanliness are the main things with COMMUNITY SANITATION 
27 
which the inspectors concern themselves. Lodging houses, inns 
and hotels are inspected annually or more frequently with 
these objects in view. 
The Superintendent of this Division is in immediate administra- 
tive charge. 
(24) Community Sanitation 
This activity consists of promoting the construction in un- 
sewered areas of sanitary privies. Supervision is provided by 
the Department, labor by WPA and materials by property 
owners. 
A sanitary engineer, is in immediate administrative charge. 28 
GENERAL INFORMATION 
THE ORGANIZATION AND FUNCTION OF THE DISTRICT 
HEALTH UNITS OF THE STATE DEPARTMENT 
OF PUBLIC HEALTH 
The people today not only expect but demand protection from 
preventable diseases, particularly diseases which can be prevented 
through sanitation. In Illinois the responsibility for protecting the 
public health is reposed by law and by the pressure of popular opinion 
in the State Department of Public Health. The sensitiveness of the 
people about these matters was demonstrated in connection with the 
outbreak of typhoid fever at Manteno in 1939 and by the aftermath 
of that unfortunate event. 
The popular tendency has gone even farther. The public attitude 
leans more and more toward holding health authorities responsible 
for epidemics of such diseases as smallpox and diphtheria, the pre- 
vention of which depends in no small degree on individual action. 
The people expect health officers and health departments to initiate 
and carry through programs which will prevent such outbreaks. 
This growing attitude is illustrated in numerous ways. 
Only recently, for example, the death of a high school boy from 
pneumonia led to the criticism of a health department for alleged 
delay in handling a laboratory specimen taken from the boy. The 
family of the boy quite naturally cherished the belief that his life 
might have been saved if the results of the laboratory test had been 
available to the doctor earlier. 
On more than one occasion in years gone by, the State Depart- 
ment of Public Health has been accused erroneously of delay in 
sending out anti-rabic treatment where deaths from rabies were con- 
cerned. Although unfounded, these accusations reveal a widespread 
popular tendency to hold health authorities responsible for the failure 
of preventive medicine from whatever cause. 
PUBLIC OPINION 
This same tendency is reflected also by legislative action. The 
law passed in 1937 which requires premarital examinations for the 
detection of venereal diseases where they exist was introduced by a 
member of the General Assembly apparently on his own initiative. 
The bill was certainly not initiated by the State Department of 
Public Health nor by the organized medical profession. The same 
may be said about the law passed in 1939, which requires physicians 
to take blood specimens from pregnant women for tests for syphilis. 
The law creating a division of cancer control, passed in 1939, 
was not suggested by the State Department of Public Health nor by 
the organized medical profession. On the other hand, the General 
Assembly, has been more and more liberal in its response to requests DISTRICT HEALTH UNITS 
29 
from the State Department of Public Health for appropriations. The 
attitude of the legislators has been especially liberal in providing 
funds for the purchase and manufacturer of biologies for free 
distribution. 
These illustrations show clearly the trend of public opinion con- 
cerning health protection and concerning the responsibility of health 
authorities. Often indifferent and sometimes actively opposed to 
programs initiated locally by health officers, the people nevertheless 
are prone to blame the health office for unhappy experiences which 
they believe preventive medicine should avoid. 
This situation explains why a plan of district health administra- 
tion was adopted in Illinois. The district system was the only 
practicable avenue through which the public health services of the 
State Department of Public Health could be expanded efficiently and 
localized so as to meet public demands as far as resources permit. The 
establishment of district units simply made it possible for the Depart- 
ment to do a better job on a larger scale. 
The district idea of public health administration from the stand- 
point of the State is not new in Illinois. From the very outset, be- 
ginning about 1900, when physicians were engaged on a per diem 
basis to investigate epidemic outbreaks, these representatives have 
been assigned to well defined districts. Later, in 1915, when full 
time medical officers for field service were first employed, each was 
assigned to a district. This practice has continued up to the present 
time. During the period prior to 1936, however, the practice varied 
as to full time and part time duty of the district health officers. 
Whether or not these officers were on a full time basis depended 
on appropriations available and on administrative policy. 
It is important also to observe that prior to 1936 the district 
medical officers worked alone except on special occasions where cir- 
cumstances required the assistance of other personnel, such as nurses 
or sanitary engineers, or bacteriologist, from the central office. The 
district medical officers had no personnel assigned to work with them 
on a permanent basis and they had no established local headquarters 
other than their own homes or offices. 
Although the district medical officers worked alone, a staff of 
about 15 public health nurses had been built up in the Department. 
These nurses were likewise assigned to definite districts but the dis- 
tricts for nurses did not coincide with the districts for medical officers. 
In some cases different parts of the district of the medical officer would 
fall within the districts of two or three of the nurses. The executive 
supervision over the medical officers centered in one division and 
that of the nurses in another. In the field the medical officer had no 
administrative authority over the nurses. This situation prevented 
good team-work on the part of the field personnel of the Department 
and led to the waste of effort. 
The important change which took place in 1936 was the adoption 
of a plan that unified the field strength of the Department into full 
time district units with established headquarters and with a staff 
to work under the direction of the medical officer in charge, the dis- 30 
GENERAL INFORMATION 
trict health superintendent. All of the district units were placed 
under the executive supervision of a single medical officer attached 
to the central office at Springfield. This plan simply brought together 
in a better administrative system the personnel and resources of the 
Department available for field service. 
SOCIAL SECURITY AID 
Simultaneously with the adoption of the unified district plan the 
field personnel was strengthened considerably. This was made pos- 
sible by funds allotted to Illinois by the Federal Government under 
the provisions of the Social Security Act. That Act was passed in 
August 1935 and funds were made available to Illinois under its 
provisions for the six months ending June 30, 1936, and for each 
fiscal year thereafter. The Social Security Act authorizes a con- 
tinuation of appropriations indefinitely by the Federal Government 
for allotment to States for public health purposes. For practical 
purposes the Federal-State cooperation upon which the district health 
unit plan in Illinois functions may be regarded as a permanent system 
of public health administration. 
On July 1, 1936, six full time district units were established in 
Illinois. The plan which was finally adopted as permanent culminated 
in a total of 21 such units, including Cook County as a separate 
district. 
The staff of each unit consists of a medical officer, who is in 
charge, a public health nurse, a sanitary engineer, and a clerk. The 
medical officer, the nurse and the engineer each has had special train- 
ing in public health practice. Most of the physicians and nurses 
have spent a year each in study at special schools of public health 
connected with universities which offer approved courses in this field. 
The staff personnel of the units is therefore well trained and com- 
petent in public health matters. 
The territory of each district consists of from 1 to 7 counties 
and the populations range from approximately 100,000 to Cook 
County with its rural population. A little reflection on the strength 
of the district staff in relation to the population served will suggest 
the magnitude and character of programs which it will be possible 
for the district units to undertake. 
A reasonably adequate local health department for a community 
of 100,000 people requires the services of a staff of 70 trained persons, 
employed on a full time basis. This staff of 70 includes 7 medical 
officers and assistants; 40 nurses, a dentist, a sanitary engineer, an 
education specialist, a laboratory director, a statistician, a social 
worker and a dental hygienist; 7 milk, food and sanitary inspectors; 
2 laboratory assistants and 6 clerks. If a staff of that size is needed 
to provide a good public health program along established lines to a 
community of 100,000, it is quite clear that the district health units 
of the State Department of Public Health, with a present maximum 
staff of 4, including the office clerk, can do little more than arouse 
local interest and suggest, advise and guide local efforts along public 
health lines. DISTRICT HEALTH UNITS 
31 
With the present available strength, the district health units can 
never undertake anything that approaches a comprehensive, well- 
rounded and adequate program of local health service in keeping 
with modern standards. 
The work undertaken by the district health units very largely is 
along five general lines. These are (1) communicable disease control; 
(2) maternity and infant hygiene; (3) health promotion in the 
schools; (4) the improvement of sanitation and (5) education for 
health. All of this work must of necessity be general in character 
because of the very limited personnel in the districts. Detailed local 
work, such as routine quarantine, routine inspection of school chil- 
dren, routine programs of vaccination and immunization and routine 
infant and maternal hygiene service of necessity must be done by 
local workers if it is done at all. The district personnel stimulates 
and encourages such activities and they render every practicable 
assistance but responsibility for local work is largely in local hands. 
LOCAL COOPERATION 
In keeping with the established policy of the Department the 
district personnel is instructed to work in close cooperation and 
harmony with the medical profession and with local health officials. 
This is at all times fundamental. The district superintendents do 
not practice medicine. Even such procedures as the Schick test and 
the tuberculin test are done by the district health superintendents 
only at the request of the local medical society if there is one or the 
local practicing physicians where there are no organized societies. 
The district superintendents are instructed in reference to tuber- 
culosis case finding, for example, to make tuberculin tests among 
high school students, and follow up with X-rays of positive reactions. 
when requested to do so hy the local medical society and with their 
cooperation. This principle holds with other activities involving the 
practice of medicine. 
Within these limitations the district units aim first of all at the 
control of communicable diseases. To this end every reported case 
of typhoid fever, diphtheria, smallpox and several of the rarer diseases 
is investigated to determine the source of infectioh if possible and to 
take such steps as may be practicable to prevent spreading. Investi- 
gations are made also of epidemic outbreaks of all kinds. Cases of 
venereal diseases are investigated when circumstances require and 
efforts are made to discover sources of infection and to cause delin- 
quent patients to place themselves under treatment by practicing 
physicians. To prevent outbreaks the district personnel stimulates 
local programs of vaccination and immunization against all diseases 
controllable in this way. The district medical officer, moreover, is 
instructed to assist local physicians and local health officials on 
request whenever at all practicable in connection with the control of 
communicable diseases of any kind. 
The promotion of maternity and infant hygiene is a definite item 
in the programs of the district units. Instructions to the district 
medical officers as to activity along this line read as follows: 32 
GENERAL INFORMATION 
1. This will consist of close cooperation with the medical society 
program (if there is one) in organization of maternal hygiene 
classes and demonstration and antepartum groups, in order 
that a closer supervision may be brought about by having 
the prospective mother report to the family physician for a 
Kahn test, blood pressure reading and urinanalysis, and by 
teaching the prospective mother how to prepare for the de- 
livery. This should be followed, when possible, by neo-natal 
and post-partum calls, in order that the infant may receive 
proper nutrition, and the mother be advised regarding hy- 
giene of the puerperium period. 
2. Well baby clinics will be held in each county, together with 
the promotion of summer round-ups, which will be conducted 
in cooperation with members of the county medical society. 
The work in maternity and infant hygiene is of basic importance 
in all public health programs and has yielded already the most im- 
pressive results of efforts in the public health field. 
The service of the district units in sanitation for several reasons 
is on a more satisfactory basis than any other service offered. 
Environmental sanitation is an older service than any other; it is 
appreciated more generally; it is more nearly an exact science and 
sanitary improvements affecting an entire community often can be 
made through the cooperation.of only a few officials. The sanitary 
engineer in each district is instructed to inspect public water supply 
and sewage disposal systems when so requested by local authorities 
in connection with problems involving public health hazards. As 
routine activities the engineers make surveys of the sanitary needs 
of rural schools, of recreational and tourist camps, and of local fair 
grounds. They keep informed concerning the proposed sinking of 
wells and offer their services in respect to location and structural 
features. They are available for consultation concerning sanitary 
problems of local importance. 
The public health nurse in the district assists the medical officer 
in his work, gives demonstrations in public nursing to promote this 
service on a local financial basis and assists local public health nurses 
in every practicable way. 
All of the district staff members are expected to take advantage 
of every opportunity so far as possible to do health educational work. 
Bach district is provided with motion picture equipment and with 
other facilities for giving illustrated lectures. 
In summing up, it may be said that the district health unit is the 
local representation of the State Department of Public Health and as 
such is responsible for extending the services of the Department as far 
as possible. As time goes on and resources increase, it may be pos- 
sible to make each unit equivalent to the State Department of Public 
Health for all ordinary local purposes. This would include, among 
other functions, the routing of morbidity reports from their sources 
through the district offices. Bor the present however, the strength 
of the unit personnel makes impossible such detailed activity. LAWS RELATING TO PUBLIC HEALTH 
33 
HEALTH LAWS OF ILLINOIS 
STATE BOARD OF HEALTH 
An Act to create and establish a board of health in the State of Illi- 
nois. [Approved May 28, 1877. L. 1877, p. 208.] 
21. § 1. Repealed by Act filed July 13, 1939. L. 1939, p. 1172, 
S. B. No. 435. 
22. Power of board.] § 2. The State Board of Health* shall 
have the general supervision of the interests of the health and lives 
of the people of the State. They shall have supreme authority in mat- 
ters of quarantine, and may declare and enforce quarantine when 
none exists, and may modify or relax quarantine when it has been 
established. The board shall have authority to make such rules and 
regulations and such sanitary investigations as they may from time 
to time deem necessary for the preservation and improvement of the 
public health, and they are empowered to regulate the transportation 
of the remains of deceased persons. It shall be the duty of all local 
boards of health, health authorities and officers, police officers, sher- 
iffs, constables and all other officers and employees of the State or 
any county, village, city or township thereof, to enforce the rules and 
regulations that may be adopted by the State Board of Health. 
It shall be the duty of the State Board of Health to investigate 
into the cause of dangerously contagious or infectious diseases, especi- 
ally when existing in epidemic form, and to take means to restrict 
and suppress the same, and whenever any dangerously contagious or 
infectious disease shall become, or threaten to become epidemic, in 
any village or city, and the local board of health or local authorities 
shall neglect or refuse to enforce efficient measures for its restriction 
or suppression or to act with sufficient promptness or efficiency, or 
whenever the local board of health or local authorities shall neglect or 
refuse to promptly enforce efficient measures for the restriction or 
suppression of dangerously contagious or infectious diseases, the State 
Board of Health or their secretary, as their executive officer, when the 
board is not in session, may enforce such measures as the said board 
or their executive officer may deem necessary to protect the public 
health, and all necessary expenses so incurred shall be paid by the 
city or village for which services are rendered. 
The State Board of Health may establish and maintain a chemical 
and bacteriologic laboratory for the examination of public water sup- 
* State Board of Health and its officers are abolished by Chapter 127, § 35, 
and their powers transferred to Department of Public Health by Chapter 127, § 55, 
except as to the rights, powers, and duties vested by law in the State Board of 
Health by the Act to regulate the practice of medicine and the Act to regulate the 
practice of embalming; the rights, powers, and duties in respect thereto being 
vested in the Department of Registration and Education by Chapter 127, § 58. 34 
PUBLIC HEALTH LAWS 
plies, and for the diagnosis of diphtheria, typhoid fever, tuberculosis, 
malarial fever and such other diseases as they may deem necessary for 
the protection of the public health. [As amended by act filed May 
18, 1907. L. 1907, p. 537.] 
S.H.A. 111% §22; J.A. 58.02. 
Prevention of blindness, see Medicine and Surgery, ch. 91, § 110, ante. 
Rehabilitation of soldiers, see Employment, ch. 48, § § 198-202, ante. 
Duty of school officers to advise with, see Schools, ch. 122, § § 3, 15, post. 
23. § 3. Repealed by Act filed July 13, 1939. L. 1939, p. 1172, 
S. B. No. 435. 
[§ § 4, 5 and 6 repealed by L. 1901, p. 301.] 
24. Penalties—how disposed of.] § 7. Any person who vio- 
lates or refuses to obey any rule or regulation of said State Board of 
Health shall be liable to a fine not to exceed $200 for each offense or 
imprisonment in the county jail not exceed [exceeding] six months, 
or both, in the discretion of the court. All prosecutions and proceed- 
ings instituted by the State Board of Health for violation of their 
rules and regulations shall be instituted by the board or by their 
executive officer, and it shall be the duty of the State’s Attorney in 
each county to prosecute all persons in his county violating or refus- 
ing to obey the rules and regulations of the State Board of Health. 
All fines or judgments collected or received shall be paid over to the 
State Treasurer and credited to the fund created for the support of 
the State Board of Health. [As amended by act filed May 18, 1907. 
L. 1907, p. 537.] 
S.H.A. 111% § 24; J.A. 58.04. 
25. Registration of physicians, etc., births, etc.] § 8. The 
county clerks of the several counties in the state shall be required to 
keep separate books for the registration of the names and post-office 
address of physicians and accouchers, for births, for marriages, and 
for deaths; said books shall always be open to inspection without fee; 
and said county clerks shall be required to render a full and complete 
report of all births, marriages and deaths to the secretary of the 
Board of Health, annually, and at such other times as the board may 
direct. 
S.H.A.*111% § 25; J.A. 58.05. 
26-30. § § 9-14. Repealed by Act filed July 13, 1939. L. 1939 
p. 1167, S. B'. No. 435. 
31. Lodging houses, etc.—supervision—-inspection.] § 15. 
The State Board of Health shall have supervision of all lodging houses, 
boarding houses, taverns, inns and hotels, in cities of one hundred 
thousand inhabitants or more, as hereinafter provided. They shall 
from time to time inspect, or cause to be inspected, all such lodging 
houses, boarding houses, taverns, inns and hotels, to see that the pro- 
visions of this act are duly and properly observed by the landlords, 
proprietors, keepers, managers and clerks of such lodging houses, 
boarding houses, taverns, inns and hotels; and any landlord, proprie- 
tor, keeper, manager, clerk, employee, or other persons connected with STATE BOARD OF HEALTH 
35 
any such lodging house, boarding house, tavern, inn or hotel, who 
shall interfere Avith or obstruct any such inspection, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be fined not ex- 
ceeding $100. [As amended by act approved May 10, 1901. L 1901, 
p. 304.] 
S.H.A. 111*6 § 31; J.A. 58.12. 
32. Sleeping rooms—number—size—ventilation.] § 16. It 
shall be unlawful for any landlord, proprietor, keeper, manager or 
clerk of any lodging house, boarding house, tavern, inn or hotel, to 
permit any room in such lodging house, boarding house, tavern, inn 
or hotel, to be used or occupied for sleeping purposes, which does not 
contain four hundred (400) cubic feet or more of air space for each 
person sleeping therein at the same time; and in every room in any 
lodging house, boarding house, tavern, inn or hotel, containing more 
than one bed, the beds shall be so arranged as to leave a passageway 
of not less than two feet horizontally on all sides of each bed; and all 
beds shall be so arranged that under each of them the air shall freely 
circulate, and there be adequate ventilation. 
Any landlord, proprietor, keeper, manager, clerk, employee, or 
other person connected with any lodging house, boarding house, tav- 
ern, inn or hotel, violating any of the provisions of this section, shall 
be guilty of a misdemeanor, and upon conviction shall be punished 
by a fine not exceeding $100 nor less than $25. [As amended by act 
approved May 10, 1901. L. 1901, p. 304.] 
S.H.A. llli/a § 32; J.A. 58.13. 
35. § 20. Repealed by Act filed July 13, 1939. L. 1939, p. 1167, 
S. B. No. 435. 
33. Lodging house—register—content.] § 17. The landlord, 
proprietor, keeper, manager, or clerk, of every such lodging house, 
boarding house, tavern, inn or hotel, shall keep in the office, or other 
public place therein, a register in which shall be entered the name and 
residence of every person who becomes a lodger, boarder or guest in 
said lodging house, boarding house, tavern, inn or hotel, and such 
register shall also show the number of the room or bed occupied by 
such person, and shall show the date of his arrival, and the period for 
which he engaged board or lodging. Such register shall always be 
accessible, without charge, to any officer, or duly authorized agent of 
said State Board of Health. Any landlord, proprietor, keeper, man- 
ager or clerk, of such lodging house, boarding house, tavern, inn or 
hotel, violating any of the provisions of this section, shall be deemed 
guilty of a misdemeanor, and shall be liable to a penalty of not less 
than $25, and not to exceed $100. [As amended bv act approved May 
10, 1901. L. 1901, p. 304.] 
S.H.A. lliy2 § 33; J.A. 58.14. 
34. Annual statement to be filed with county clerk.] § 18. 
Within thirty days from the date upon which this act shall take effect, 
and upon the first day of March, of each succeeding year, the land- 
lord, proprietor, keeper or manager, of every such lodging house, 
boarding house, tavern, inn or hotel, shall file with the county clerk 36 
PUBLIC HEALTH LAWS 
of the county in which such lodging house, boarding house, tavern, inn 
or hotel is located, a written statement, sworn to by him; which state- 
ment shall contain the name of the person making the statement; 
whether such person is the landlord, proprietor, keeper or manager, 
of such lodging house, boarding house, tavern, inn or hotel; the loca- 
tion of sucli lodging house, boarding house, tavern, inn or hotel, ac- 
cording to the city, street and number; the period of time during 
which such person has been the landlord, proprietor, keeper or man- 
ager, of such lodging house, boarding house, tavern, inn or hotel; the 
period of time during which such lodging house, boarding house, tav- 
ern, inn or hotel has been continuously operated as such; the number 
of guests or persons then stopping in said lodging house, boarding 
house, tavern, inn or hotel; the greatest number of persons who 
stopped in said lodging house, boarding hoiTse, tavern, inn or hotel, 
upon any day within the thirty days immediately preceding the date 
of such sworn statement; the smallest number of persons upon any 
day within said period of thirty days; the total number of rooms con- 
tained in such lodging house, boarding house, tavern, inn or hotel; the 
number of sleeping rooms contained in such lodging house, boarding 
house, tavern, inn or hotel; the length and breadth of the building in 
which such lodging house, boarding house, tavern, inn or hotel is lo- 
cated; the number of stories, comprised in such building occupied by 
such lodging house, boarding house, tavern, inn or hotel; the complete 
dimensions, in feet, respectively, of the smallest and largest sleeping 
room contained in such lodging house, boarding house, tavern, inn or 
hotel, and the number of beds contained in said largest sleeping room. 
Such statement shall be made upon blanks furnished to the county 
clerk by the State Board of Health, for that purpose. 
Any landlord, proprietor, keeper, or manager, of any lodging 
house, boarding house, tavern, inn or hotel, who fails or refuses to 
make and file, within and at the time herein mentioned, the statement 
required by this section to be made, shall be guilty of a misdemeanor, 
and upon conviction shall be punished by a fine of not less than $25, 
nor more than $100. [As amended by act approved May 10, 1901. 
L. 1901, p. 304.] 
S.H.A. lliy2 § 34; J.A. 58.15. 
35. § 20. Repealed by Act filed July 13, 1939, L. 1939. 
35. Sale of anti-toxin in each county—-agent—expenses.] 
§ 20. It shall be the duty of the Board of Health of the State of Illi- 
nois to appoint one agent in the county seat of each county in the state 
who shah have for distribution, as herein provided, diphtheria anti- 
toxin, certified to by the Board of Health of the State of Illinois, it 
being the duty of such agents to sell such anti-toxin at a fair and 
reasonable price to all physicians and others applying for and needing 
the same, unless the person applying for and needing the same shall 
be unable to purchase the same, in which case such anti-toxin shall 
be furnished on an order from the overseer of the poor or supervisor 
of township to be paid for by the respective counties in which such 
order is made. And, provided, further, that more than one agent may 
be appointed in counties where necessary for the convenience of the STATE BOARD OF HEALTH 
37 
people, at the discretion of the Board of Health of the State of Illi- 
nois : Providing, further, that any necessary expense incurred by the 
Board of Health of the State of Illinois, in the appointment of agents 
and in supplying such anti-toxin shall be paid from the funds appro- 
priated for the making of investigations and the prevention of the 
spread of diphtheria and other contagious diseases: Providing, further, 
that the Board of Health of the State of Illinois be and is hereby 
authorized to make such rules and regulations as may be necessary 
to carry out the provisions of this section. [Added by act approved 
May 13, 1905. L. 1905, p. 387.] 
S.H.A. 111% § 35; J.A. 58.16. 
35a. County clerk to report annually about local officials.] 
§ 21. The county clerk of every county under township organization 
shall, annually before the first of May furnish the Department of Pub- 
lic Health the names and post office addresses of the supervisor, asses- 
sor and town clerk of every township in the county, the date when 
their terms of office expire and the township of which each is an official. 
The county clerk of every county not under township organization 
shall, annually before the first of December furnish the Department 
of Public Health the names and post office addresses of the county 
commissioners and the date when their terms of office expire. [Added 
bv act approved June 27, 1923. L. 1923, p. 480.] 
S.H.A. 111% § 35a; J.A. 58.17. 
35b. Annual report by clerks of municipalities.] § 22. The 
clerk of every city, incorporated town and village shall, annually 
before the first day of May furnish the Department of Public Health 
the name of the mayor or president of the board of trustees, the clerk, 
the health officer and the members of the board of health and this list 
shall indicate which person is charged with the enforcement of quar- 
antine regulations. [Added by act approved June 27, 1923. L. ]923, 
p. 480.] 
S.H.A. 111% § 35b; J.A. 58.18. 
35c. Report as to vacancies, appointments.] § 23. The county, 
city, incorporated town or village clerk shall promptly inform the 
Department of Public Health of vacancies in the offices named in sec- 
tions 21 and 22 of this Act and appointments or elections to fill such 
vacancies. [Added by act approved June 27, 1923. L. 1923, p. 480.] 
S.H.A. 111% § 35c; J.A. 58.19. 38 
PUBLIC HEALTH LAWS 
POWERS AND DUTIES OF THE STATE DEPARTMENT 
OF PUBLIC HEALTH 
As set forth in Section 55 of the Civil Administrative Code. 
The Department of Public Health shall have power: 
1. To exercise the rights, powers and duties vested by law in the 
State Board of Health, its secretary and executive officer, other of- 
ficers and employees, except the rights, powers and duties vested by 
law in the State Board of Health under the Act to regulate the prac- 
tice of medicine and the Act to regulate the practice of embalming: 
2. To have the general supervision of the interests of the health 
and lives of the people of the State; 
3. To act in supervisory capacity relative to the sanitary quality 
and adequacy of proposed and existing public water supplies, water 
treatment and purification works, sewer systems and sewage treatment 
works and to prepare and enforce rules and regulations relative to the 
installation and operation of public water and sewage works so that 
public water supplies will be of satisfactory sanitary and mineral 
qualities for drinking and general domestic use and nuisances will not 
be caused by sewage works; to determine standards of purity of drink- 
ing water; to prepare with the assistance of the State Geological Sur- 
vey and enforce rules and regulations relative to the filling or sealing 
of abandoned water wells and holes for disposal of drainage in order 
to protect ground water against contamination; and to examine pub- 
lic swimming pools and bathing places and prepare and enforce rules 
and regulations governing their construction, operation and use to 
the end that they will be constructed and maintained in a sanitary 
manner. Nothing in this Act contained shall apply to or be construed 
in any manner to affect the property, real, personal or mixed and 
wherever situated, or the channels, drains, ditches and outlets and 
adjuncts and additions thereto and their use, operation and main- 
tenance and the right to the flow of water therein for sewage dilution, 
or affect the jurisdiction, rights, power, duties and obligations of any 
existing sanitary district which now has a population of one million 
or more within its territorial limits. 
4. To make such sanitary investigations as it may, from time to 
time, deem necessary for the preservation and improvement of public 
health; 
5. To make examinations into nuisances and questions affecting 
the security of life and health in any locality in the State; 
6. To maintain chemical, bacteriological and biological labora- 
tories, to make examinations of milk, water, sewage, wastes, and other 
substances, and to make such diagnosis of diseases as may be deemed 
necessary for the protection of the people of the State; 
7. To purchase and distribute free of charge to citizens of the 
State diphtheria antitoxin, typhoid vaccine, smallpox vaccine and 
other sera, vaccines and prophylactics such as are of recognized effi- 
ciency in the prevention and treatment of communicable diseases; LOCAL HEALTH BOARDS 
39 
8. To obtain, collect and preserve such information relative to 
mortality, morbidity, disease and health as may be useful in the dis- 
charge of its duties or may contribute to the promotion of health or 
to the security of life in this State; 
9. To make investigations and inquiries with respect to the causes 
of disease, especially epidemics, and to investigate the causes of mor- 
tality and the effect of localities, and other conditions upon the public 
health, and to make such other sanitary investigations as it may deem 
necessary for the preservation and improvement of the public health; 
10. To keep informed of the work of local health officers and 
agencies throughout the State; 
11. To promote the information of the general public in all mat- 
ters pertaining to public health; 
12. To supervise, aid, direct and assist local health authorities or 
agencies in the administration of the health laws; 
13. To enlist the cooperation of organizations of physicians and 
other agencies for the promotion of the public health in the improve- 
ment of health and sanitary conditions throughout the State; 
14. To make sanitary, sewage, health and other inspections and 
examinations for the charitable, penal and reformatory institutions 
and the normal schools; 
15. To inspect, from time to time, all hospitals, sanitaria, and 
other institutions conducted by county, city, village or township au- 
thorities, and to report as to the sanitary conditions and needs of 
such hospitals, sanitaria and institutions to the official authority hav- 
ing jurisdiction over them; 
16. To print, publish and distribute documents, reports, bulletins, 
certificates and other matter relating to the prevention of diseases 
and the health and sanitary condition of the State. (As amended by 
act approved July 9, 1931. L 1931, p. 881.) 
17. To establish a Division of Cancer Control which is hereby 
authorized to promote necessary measures to reduce the mortality 
from cancer. (As amended by act filed July 21, 1939. L. 1939, p. 1136, 
H. B. No. 1065.) 
PUBLIC HEALTH BOARDS 
Cities and Villages 
1. Appointment of Health Board. 
Chapter 24.-—An Act to provide for the incorporation of cities 
and villages. (Approved April 10, 1872, L. 1871-2, p. 218.) Article 
V. Powers of the City Council. (Article as amended by act approved 
June 19, 1929, L. 1929, p. 254.) 
65.75—Board of health—Appointment—Powers and duties.] 
§76. To appoint a board of health and prescribe its powers and 
duties except where such city or village has adopted the provisions 
of “An Act to authorize cities and villages of more than 100,000 and 
less than 200,000 inhabitants to establish and maintain public health 40 
PUBLIC HEALTH LAWS 
boards and to levy an annual tax therefor,” enacted by the sixtieth 
General Assembly, and maintain such board. (As amended by act 
approved March 20, 1937. L. 1937, p. 294.) 
It is not necessary that a person be actually sick to give the health 
authorities the right to quarantine him, since quarantine is not a cure, but 
is a preventive and means the method used to confine the disease within 
the person in whom it is detected, or to prevent a healthy person from 
contracting the infection. P. v. Robertson, 302—422, 134 N. E. 815. 
Quarantine in its very nature is not a definite or uniform measure, 
but must vary according to the subject, and be administered with common 
sense. Id. 
A person who was found to be a carrier of the germs of typhoid fever 
can be quarantined within the limits of her own home, and prohibited from 
preparing food for others, even though she has never had typhoid fever, 
and there is no known cure for her condition. Id. 
Where a city health department reported the case of a typhoid carrier 
to the state department of health, and requested that department to authorize 
a modified quarantine, the authorization of such modified quarantine in 
effect established the quarantine, so that city authorities, in restraining the 
person, were acting as agents of the state department, and the quarantine 
was valid. Id. 
The health commissioner of Chicago is purely a ministerial officer, and 
has no right under the statute to make rules and regulations having the 
effect of law, nor can the city give him authority to determine when a con- 
tagious and infectious disease exists and to establish a quarantine. P. v. 
Robertson, 302—422, 134 N. E. 815. 
Within the statute granting cities the power to appoint a board of 
health and to prescribe its duties and powers, the board must necessarily 
consist of more than one person, and the city council has no authority to 
delegate to a health officer the powers and duties which it was authorized 
to delegate to a board of health. P. v. Robertson, 302—422, 134 N. E. 815. 
65.76. Establishment and regulation of hospitals, etc.] 
§ 77. To erect and establish hospitals and medical dispensaries and 
to regulate hospitals, medical dispensaries, sanatoria and undertaking 
establishments, and to direct the location thereof. 
S. H. A. 24 § 65.76; J. A. 21.141. 
Tuberculosis hospitals, see § 542, et seq. post. 
65.77. Promotion of health.] § 78. To do all acts, make 
all regulations, which may be necessary or expedient for the promo- 
tion of health or the suppression of disease. 
S.H.A. 25 § 65.77; J.A. 21.142. 
Ordinance prohibiting use of automatic vending machines for sale of 
cigarettes in order to prevent sales to minors held within powers conferred 
on City of Chicago by statute and not unconstitutional as depriving manu- 
facturer and lessor of such machines of their property without due process 
of law, or as unreasonably and arbitrarily discriminating between persons 
and businesses of the same general class and character. Illinois Cigarette 
Service Co. v. City of Chicago, U.S.C.C.A. 111., 89 F.2d 610, 111 A.L.R. 749. 
Arbitrary discrimination between residents and non-residents in the 
issuance of licenses or the fees charged will invalidate a municipal ordinance. 
Larson v. City of Rockford, 371—441, 21 N.E.2d 396. 
The regulation of the dispensing of cooked food, by ordinance, is 
authorized as a regulation tending to promote health and suppress disease. 
City of Chicago v. R. & X. Restaurant, 369—65, 15 N.E.2d 725, 117 A.L.R. 
1313. 
City was vested with power, not only to regulate manufacture and sale 
of ice cream, hut to impose inspection of license fee for regulation purposes. 
City of Rockford v. Hey, 366—526, 9 N.E.2d 317. LOCAL HEALTH BOARDS 
41 
65.78. Establishing and regulation of cemeteries.] § 79. To 
establish and regulate cemeteries within or without the corporation, 
and acquire lands therefor, by purchase or otherwise, and cause ceme- 
teries to be removed, and prohibit their establishment within one 
mile of the corporation. 
S.H.A. 24§ 65.78; J.A. 21.143. 
See also Cemeteries, ch. 21, § § 4, 6, Ante. 
65.79. Animals running at large—Dog tax.] § 80. To reg- 
ulate, restrain and prohibit the running at large of horses, cattle, 
swine, sheep, goats, geese and dogs, and to impose a tax on dogs. 
S.H.A. 24 § 65.79; J.A. 21.144. 
This section authorizes the city in the exercise of its police power to 
impose a license fee on dogs. City of Sterling v. Berry, 295 A. 622, 15 N.E.2d 
527, transferred 367—111, 10 N.E.2d 656. 
Ordinance of Chicago providing that health commissioner on being 
satisfied that unclaimed impounded animals were to be used for good of 
mankind and increase of knowledge relating to cause, prevention, control 
and care of disease should request police commissioner to surrender such 
animals as applied for by institutions of learning, hospitals or their allied 
institutes in city of Chicago, and that police commissioner should cause 
animals to be surrendered by poundmaster held not invalid as improper 
delegation of power. Illinois Anti-Vivisection Soc. v. City of Chicago, 289 
A. 391, 7 N.E. (2d) 379. 
65.80. Regulation of packing houses, etc.] § 81. To direct 
the location and regulate the management and construction of packing 
houses, renderies, tallow chandleries, bone factories, soap factories, and 
tanneries within the limits of the city or village, and within the dist- 
ance of one mile without the city or village limits. 
S.H.A. 24 § 65.80; J.A. 21.145. 
65.81. Regulation of garages, stables, bathing beaches, etc.] 
§ 82. To direct the location and regulate the use and construction 
of breweries, distilleries, livery, boarding or sale stables, blacksmith 
shops, founderies, machine shops, garages, laundries, and bathing 
beaches, within the limits of the city or village. 
S.H.A. 24 § 65.81; J.A. 21.146. 
The question whether a particular business comes within the municipal 
power to license, regulate and tax granted by statute must be determined 
by the general character and scope of that business. City of Chicago v. 
Ingersoll Steel & Disc Division of Borg-Warner Corporation, 371—183, 20 
N.E.2d 287. 
The statutory authorization of cities and villages to direct location and 
regulate use and construction of public garages is a valid exercise of the 
police power. City of Chicago v. Ben Alpert, Inc., 368—282, 13 N.E.2d 987. 
A classification, in an ordinance, will be sustained if it is reasonably 
adapted to secure the purpose for which it is intended and not purely 
arbitrary. Stearns v. City of Chicago, 368—112, 13 N.E.2d 63, 114 A.L.R. 1507. 
65.82. Offensive businesses and establishments.] § 83. To 
prohibit any offensive or unwholesome business or establishment 
within or within one mile of the limits of the corporation. 
S.H.A. 24 § 65.82; J.A. 21.147. 
65.83. Nauseous houses or places.] § 84. To compel the 
owner of any grocery, cellar, soap or tallow chandlery, tannery, stable, 42 
PUBLIC HEALTH LAWS 
pigsty, privy, sewer, or other unwholesome or nauseous house or place 
to cleanse, abate or remove the same, and to regulate the location 
thereof. 
S.H.A. 24 § 65.83; J.A. 21.148. 
Classification of industries, see § 66, et seq., post. 
89. Qualification of officers.] § 6. No person shall be elig- 
ible to any office who is not a qualified elector of the city or village 
and who shall not have resided therein at least one year next pre- 
ceding his election or appointment: Provided, however, that in cities 
or villages of less than 200,000 population according to the last pre- 
ceding Federal or State census, the above qualifications shall not 
apply to the appointment or election of city engineer, or health officers, 
or officers of whom technical training or knowledge is required in in- 
corporated cities and villages, or to attorneys in incorporated villages, 
but no person shall be eligible to any office in any such city, village 
or incorporated town who is a defaulter to the corporation. [As 
amended by act approved June 25, 1917. L. 1917, p. 258.] 
S.H.A. 24 § *89; J.A. 21.180. 
See Officers, ch. 102, post. 
2. Between 100,000 and 200,000 population. 
Chapter 24—An Act to authorize cities and villages of 
more than 100,000 and less than 200,000 inhabitants to establish 
and maintain public health boards and to levy an annual tax 
therefor. (Approved March 4, 1937. L. 1937, p. 307.) 
65.75 a.—Establishment of public health board in cities and vil- 
lages between 100,000 and 200,000 population. 
65.75 b.—Referendum. 
65.75 c.—Appointment of board of directors. 
65.75 d.—Terms of directors—Removal. 
65.75 e.—Vacancies—Interest in purchases or sales. 
65.75 f.—Organization and duties of public health board. 
65.75 g.—Rules and regulations of board. 
65.75 h.—Penalty for violation of rules and regulations. 
65.75 i.—Discontinuance of public health board. 
65.75 j.—Referendum on discontinuance. 
65.75 k.—Form of ballot. 
65.75 1.—Transfer of moneys in public health board fund. 
3. Counties and Townships. 
Chapter 34—An Act to create and establish boards of 
health in counties not under township organization and in 
townships in counties under township organizations outside of 
the corporate limits of incorporated cities and villages to pre- 
scribe their duties and powers and provide for enforcing the 
same. (Approved May 10, 1901. L. 1901, p. 91.) Chapter 34— 
Sec. 148-152. (Amended May 16, 1903.) 
§ 1. The board of county commissioners in counties not under 
township organization, and the supervisor, assessor and town clerk 
of every town in counties under township organization, shall con- 
stitute a board of health, and on the breaking out of any dangerously 
communicable disease in their county or town, or in the immediate COUNTY AND TOWNSHIP BOARDS 
43 
vicinity thereof, it shall be their duty to make and enforce such rules 
and regulations tending to check the spread of the disease within the 
limits of such county or town as may be necessary; and for this pur- 
pose they shall have power to quarantine any house or houses or place 
where any infected person may be, and cause notices of warning to 
be put thereon, and to require the disinfection of the house or place: 
Provided, that nothing in this Act shall apply to any territory lying 
within the corporate limits of any incorporated city or village: Pro- 
vided, further, that in case the board of health in any county not 
under township organization, or of any township in counties under 
township organization shall fail, refuse or neglect to promptly take 
the necessary measures to preserve the public health, or in case any 
such board of health shall refuse or neglect to carry out the rules and 
regulations of the State Board of Health, that thereupon the State 
Board of Health may discharge such duties and collect from the 
county or township, as the case may be, the reasonable costs, charges 
and expenses incurred thereby. 
§ 2. The said boards of health shall have the following powers: 
First—To do all acts, make all regulations which may be necessary 
or expedient for the promotion of health or the suppression of disease. 
Second—To appoint physicians as health officers and prescribe 
their duties. 
Third—To incur the expenses necessary for the performance of 
the duties and powers enjoined upon the board. 
Fourth—To provide gratuitous vaccination and disinfection. 
Fifth—To require reports of dangerously communicable diseases. 
§ 3. Any person who shall violate or refuse to obey, any rule 
or regulation of the said board of health, shall be liable to a fine not 
exceeding $200 for each offense, or imprisonment in the county jail 
not to exceed six months, or both, in the discretion of the court. 
All fines collected under the provisions of this Act shall be paid 
into the county treasury of the county in which the suit is brought, to 
be used for county purposes, and it shall be the duty of the State’s 
attorney in the respective counties to prosecute all persons violating, 
or refusing to obey, the rules of said local boards of health. 
§ 4. The clerk of the board of county commissioners, or the 
town clerk, as the case may be, shall keep a full record of all the do- 
ings of said board and report the same to the annual meeting of such 
board of county commissioners, or town board. 
§ 5. The members of said boards of health shall be allowed for 
the time spent in the performance of their said duties, each the sum 
of $1.50 per day, which, together with all bills by them contracted 
and all sums of money by them expended, shall be audited and paid 
in the same manner as other county and town expenses. 
S.H.A. 34 § 148—152. 44 
PUBLIC HEALTH LAWS 
WATER AND WATER SUPPLY 
Cities and Villages 
1. Powers of the city council. 
Chapter 24—An Act to provide for the incorporation of 
oities and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
47 — 
65.12 —Openings in streets. 
65.39 —Purification of waters, etc. 
65.56 —Vaults, cisterns, gutters, sewers, etc. 
65.100a—Control of municipal property outside limits of city or 
village. 
130 —Water—Borrow money. 
131 —Acquiring property for water works—Jurisdiction over. 
132 —Regulation—Rates, taxation, etc. 
2. Annexation. 
Chapter 24—-An Act to provide for the annexation of cities, 
incorporated towns and villages, or parts of the same, to cities, 
incorporated towns and villages. (Approved April 25, 1889. 
L. 1889, p. 66.) 
397—Annexed territory to have use of water works, etc. 
3. Waterworks—General. 
Chapter 24—An Act enabling Cities, Villages and Incor- 
porated Towns to contract for water supply for public use and 
making provision for means of payment for water supplied and 
repealing a certain act therein named. (Approved July 7, 1927, 
L. 1927, p. 336.) 
423— Municipality may contract for water supply. 
424— Payment for water. 
Chapter 24—An Act to enable cities, incorporated towns 
and villages to purchase or lease waterworks. (Approved April 
15, 1873. L. 1873, p. 190.) 
427— Construction for water supply—Letting contract. 
428— May borrow money and levy tax. 
429— Acquisition of property for works, etc. 
430— Water tax and rates—Liens—Protection of impounding reser- 
voir. 
431— Power to make special assessments. 
432— Water rents to be kept in separate fund. 
433— When act shall not apply. 
Chapter 24—An Act to enable cities and villages to buy, 
construct or enlarge waterworks and to provide for the manage- 
ment thereof, and giving them the authority to levy an annual 
tax and to pledge the same in payment thereof. (Approved April 
19, 1899; L. 1899, p. 108.) 
447— Power to levy annual tax. 
448— Contract for purchase-levy of tax to pay price and interest. 
449— Submission to voters. 
450— Power of municipal body if ratified by voters. 
451— Power to issue bonds. 
452— Maturity of bonds. 45 
WATER AND WATER SUPPLY 
453— Form of bonds—Interest coupons. 
454— Water rentals to be sufficient to pay principal and interest 
of bonds. 
455— —Adjoining municipalities may create water district. 
456— Construction of act. 
Chapter 24—An Act to provide for the purchase, construc- 
tion and improvement of waterworks systems in cities, villages 
and incorporated towns in the State of Illinois, and to provide 
for the issuance of revenue bonds payable solely out of the 
revenues derived therefrom, and to provide for the operation of 
such systems in case of deficiencies in revenues. (Approved July 
8, 1927. L. 1927, p. 337.) 
456a —Municipalities may acquire or improve waterworks. 
456b —Authority construed. 
456c —Financing costs—bonds—water rates. 
456d —Public hearing. 
456e —Issuance of bonds. 
456f —Bonds not a debt of municipality. 
456g—Bonds secured by lien on water system. 
456h— Rates—surplus in operating receipts. 
456i —Exercise of eminent domain. 
456j —Issuance of bonds for improving water system. 
456k —Keeping of accounts—Funds to be kept separate. 
4561 —Exchange of water revenue certificates for refunding reve- 
nue bonds. 
456m—Partial invalidity of act. 
Chapter 24—An Act to aid cities owning or operating water 
works to secure an additional or better supply of pure water. 
(Approved May 27, 1881. L. 1881, p. 157.) 
437— Powers, etc., granted. 
438— Raising money—Submission to vote. 
Chapter 24—An Act to further enable cities, villages and 
incorporated towns to lease, purchase or construct water and 
sewer systems, provide for the payment of the same and any in- 
debtedness thereon and contracts therewith. (Approved May 20, 
1907. L. 1907, p. 201.) 
457— May purchase or lease water works or sewerage system— 
Submission to voters. 
458— May mortgage water works or sewerage system. 
459— May borrow money and levy tax. 
460— May contract for water supply. 
4. Waterworks—Cities of less than 500,000. 
Chapter 24—An Act authorizing any city, village or incor- 
porated town having a population of less than 500,000 to build 
or purchase, and to operate a water works or water supply system 
either within or without the corporate limits thereof, and to im- 
prove and extend a water works system or water supply for public 
and domestic use, and to provide for the cost thereof by the issue 
of revenue bonds payable solely from revenue derived from the 
operation thereof. (Approved April 22, 1899. L. 1899, p. 104.) 
440— May build, purchase, extend and operate water system. 
441— Issuance of revenue bonds. 
442— Form of ordinance—Bonds not city debt—Referendum. 
443— Proceeds from operation in separate fund. 46 
PUBLIC HEALTH LAWS 
444— Rates for water—Suits to compel compliance. 
445— Referendum on bonds dispensed with except as provided. 
446— Construction of Act. 
Chapter 24—An Act authorizing any city, village or incor- 
porated town having a population of less than 500,000 to issue 
refunding revenue bonds, payable solely from the revenues of a 
municipally owned water utility. (Approved July 3, 1935. L. 
1935, p. 367.) 
460e 1—Issuance of refunding bonds payable out of water reve- 
nues in cities and villages of less than 500,000. 
460e 2—Ordinance—Bonds. 
460e 3—Release of indenture of mortgage, deed of trust. 
460e 4—Use of water revenue. 
460e 5—Rates for service. 
460e 6—Publication of ordinance. 
460e 7—Exchange or sale of bonds. 
460e 8—Apprizing bondholders—Agreements—Expenses. 
460e 9—Powers cumulative. 
5. Waterworks-—Cities of 500,000 or more. 
Chapter 24—An Act authorizing cities having a population 
of 500,000 or more, and owning or operating a water works sys- 
tem to issue certificates of indebtedness, payable solely from 
revenue derived from the operation thereof, for the purpose of 
improving and extending such waterworks systems. (Approved 
June 25, 1929. L. 1929, p. 273.) 
460a—Issuance of certificates of indebtedness to extend water 
system in cities of over 500,000. 
460b—Ordinance—Certificates payable from water revenue. 
460c—Revenue placed in water fund. 
460d—Signatures on certificates. 
460e—Referendum unnecessary. 
Chapter 24—An Act to validate water fund certificates is- 
sued by cities having a population of 500,000 or more. (Approved 
June 10, 1929. L. 1929, p. 273.) 
460f—Water fund certificates validated. 
6. Waterworks—Cities of 25,000 or more hut less than 500,000. 
Chapter 24—An Act authorizing any city having a popula- 
tion of twenty-five thousand (25,000) or more, but less than five 
hundred thousand (500,000) owning or operating a waterworks 
system, to contract for the filtration and treatment of its water 
supply to be paid for solely from revenues derived from the 
operation of said waterworks system and to enable such city, at 
its option, to purchase or otherwise acquire such plants and 
equipment as may be constructed for such purpose. (Filed July 7, 
1933. L. 1933, p. 281.) 
460h —May contract for filtration and treatment of water supply. 
460i —Ordinance—Terms of contract—Rates. 
460j —Option to purchase treatment plant. 
460k —Adequate rates. 
4601 —Revenue held in special fund. 
460m—Compelling performance of contract. 
460n —Payment by city only out of water revenues. 
460o —Referendum unnecessary. 
460p —Partial invalidity. WATER RATES AND TAXES 
47 
7. Location of source of supply. 
Chapter 24—An Act to enable any water company now7 or 
hereafter organized under the law7s of this State, to change or 
locate its source of supply beyond the limits of the city, town or 
village supplied, or whose inhabitants are supplied with wTater by 
such company; and for that purpose empowering such company 
to take or damage private property for pipe lines to such source 
of supply and for pumping stations, reservoirs or other appur- 
tenances, and to construct maintain and operate such pipe lines in 
and under any public or private road, highway, street or public 
grounds, and across or under any of the waters within this State, 
and across or under any railroad right-of-way; and to prescribe 
penalties for interfering with or destroying the property or rights 
of such company. (Approved June 19, 1893. L. 1893, p. 81.) 
434— Location of source of supply outside city. 
435— Right to exercise eminent domain. 
436— Interfering or injuring prohibited—Penalty. 
8. Waterworks—Joint ownership and operation. 
Chapter 24—An Act to provide for the joint acquisition 
and operation of a waterworks or a common source of supply of 
water or both by certain cities, villages and incorporated towns 
and authorizing the issuance of bonds for such acquisition and for 
improvements since extensions thereto, secured only by the rev- 
enues derived from the operation thereof. (Approved July 6, 
1935 L. 1935, p. 553. As amended June 13, 1940, L. 1940, First 
Special Session p. 11.) (111. Rev. Stat. p. 466.) 
460. 1—Joint operation of water system by abutting municipalities. 
460. 2—Water commission—Terms—Bonds. 
460. 3—Organization of commission—Management of water system. 
460. 4—Issuance of revenue bonds. 
460. 5—Use of revenue—Service charges. 
460. 6—Construction of act. 
9. Water rates and taxes. 
Chapter 24—-An Act to enable cities, towns and villages in- 
corporated under any general or special law of this State to fix 
the rates and charges for the supply of water furnished by any 
individual company or corporation to any such city, town or 
village and the inhabitants thereof. (Approved June 6, 1891, 
L. 1891, p. 85.) 
439—Rates may be fixed by ordinanoe. 
Chapter 24—An Act in relation to the levy and collection of 
taxes for sewerage and waterworks in cities of this State, that may 
have established a system of sewerage and waterworks for such 
city, and to repeal an act therein named and to authorize the 
cities, villages and incorporated towns of this State to levy and 
collect taxes to pay for water and light. (Approved June 21, 
1883. L. 1883, p. 68.) 
484—Water fund tax. 48 
PUBLIC HEALTH LAWS 
10. Combined waterworks and sewerage system 
Chapter 24—An Act providing for the acquisition, construc- 
tion, extension, improvement, maintenance and operation of a 
combined municipal water works and sewerage system, the means 
of financing the same, and in connection herewith the refunding 
of securities previously issued for any existing water works or 
sewerage system, or both, and the imposition and collection of 
charges and rates for the use thereof, in cities, villages and in- 
corporated towns having a population of less than 500,000. (Ap- 
proved May 15, 1934. L. 1933-34, Third Sp. Sess., p. 136.) 
490t 1—Terms defined. 
490t 2—Acquisition and operation of combined water and sewer- 
age system. 
490t 3—Moneys to defray cost—Issuance of revenue bonds. 
490t 4—Refunding outstanding revenue bonds. 
490t 5—Adoption of ordinance. 
490t 6—Publication of ordinance. Petition for referendum. 
490t 7—Bonds payable from revenues from operation. 
490t 8—Adoption of rules, regulations—Service charges. 
490t 9—Use of revenue from operation—Bonds validated. 
490t 10—System of accounts—Annual audit. 
490t 11—Compelling performance of duties. 
490t 12—Eminent domain. 
490t 13—Except as herein provided, referendum unnecessary. 
490t 14—Act in addition to present powers. 
490t 15—Partial invalidity. 
11. Water districts. 
Chapter 24—An Act to provide for the organization of water 
districts to enable certain territory to procure pure water. (Ap- 
proved June 5, 1911. L. 1911, p. 190.) 
461— Petition to county judge-—Limitation on territory—Wards— 
Hearing—Submission to vote—Organization. 
462— Judicial notice of district—Election of officers. 
463— Trustees—Term of office, etc. 
464— Board of trustees—Powers—Appointment of employes—Com- 
pensation. 
465— Ordinances to take effect ten days after publication. 
466— Proof of ordinance. 
467— Powers and duties of trustees. 
468— Acquisition and disposition of property. 
469— May borrow money and issue bonds—Limitation. 
470— Shall fix rates—Operating expenses—General tax. 
471— Contracts to be let by bids. 
472— Tax levy—Interest on deposits. 
473— Proceedings to condemn. 
474— May acquire public property. 
475— Liability for damages. 
476— Judge, justice, or jurors not incompetent because inhabitant. 
477— Control over property—Inspection—Waste of water. 
478— Diverting water, etc.—Penalty. 
479— Construction of act. 
480— May use highways, streets and alleys for pipes, etc. 
12. Local Improvements 
Chapter 24—An Act concerning local improvements. (Ap- 
proved June 14, 1897. L. 1897, p. 102.) PENALTY FOR POISONING 
49 
698—Powers conferred. 
714—Water works system—Thirty installments. 
733—Water works and sewage system—Annual tax levy—Public 
benefit fund—Referendum—Issuance of warrants. 
796— Bonds lien on water works system. 
797— Water works fund. 
13. Township Organization 
Chapter 139—An Act to revise the law in relation to town- 
ship organization. (Approved March 4, 1874. R. S. 1874, p. 106.) 
39—Powers of town meeting. 
12—To construct and keep in repair public wells or other water- 
ing places and regulate the use thereof. 
14. Drainage-River Conservancy Districts 
Chapter 24—An Act to create River Conservancy Districts 
for river control, sanitation, development of water supply, navi- 
gation and protection of fish life. (Approved July 11, 1925. 
L. 1925, p. 346.) 
394—Power to acquire land—build works, etc. Sale of water. 
15. Criminal Code 
Chapter 38—An Act to revise the law in relation to criminal 
jurisprudence. (Approved March 27, 1874. R. S. 1874, p. 348.) 
436—To water, etc. 
466—Enumeration (of nuisances with regard to water). 
479—Punishment (for poisoning springs, wells, etc.). 
16. Milk and Milk Products 
Chapter 56%—An Act in relation to Grade A Milk and 
Grade A Milk Products. (Approved July 19, 1939. L. 1939, 
p. S. B. No. 287.) See Page 62. 
140—Water supply. 
17. Oil Inspection 
Chapter 104—An Act to require the reporting of information 
essential for the sealing of wells to prevent escape of oil, gas, salt 
or fresh water or other materials from one stratum to another 
through such wells. (Approved July 11, 1939. L. 1939, p. H. B. 
No. 1079.) 
34— Logs of wells to be filed in Geological Survey Office—Contents 
of logs. 
35— Drill cuttings, collection of for Geological Survey. 
18. Mines and Miners 
Chapter 93—An Act in relation to the sinking, filling and 
operating of wells for oil, gas, water or other purposes. (Ap- 
proved May 16, 1905. L. 1905, p. 326.) 
89—Sealing off fresh water—Use of controlled pressure. 50 
PUBLIC HEALTH LAWS 
19. Parks 
Chapter 105—An Act to provide for the organization of 
park districts and the transfer of submerged lands to those bor- 
dering on navigable bodies of water. (Approved June 24, 1895. 
L. 1895, p. 272.) 
292—Rights reserved (of municipalities to lay and repair water 
mains in park district). 
20. Employment 
Chapter 48—An Act providing for the protection and safety 
of persons in and about the construction, repairing, alteration, or 
removal of buildings, bridges, viaducts, and other structures and 
to provide for the enforcement thereof. (Approved June 3, 1907. 
L. 1907, p. 312.) 
64—Water pipe, smoke stack tower, etc. 
SANITARY WATER BOARD 
Chapter 19—An Act to establish a sanitary water board and to 
control, prevent and abate pollution of the streams, lakes, ponds and 
other surface and underground waters in the State. (Approved June 
25, 1929. In force July 1, 1929. L. 1929, p. 386.) 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: 
129. Sanitary water board—members, technical secretary, 
meetings.] § 1. There is hereby created and established a sanitary 
water board consisting of the Director of the Department of Public 
Health; the Director of the Department of Agriculture; the Director 
of the Department of Conservation; the Director of the Department 
of Purchases and Construction* and a representative of the manu- 
facturing interests of the State to be appointed by the Governor who 
shall hold office for four years or until his successor shall have been 
appointed and qualified. The director members of the board shall 
receive no additional compensation for their services as members of 
the board other than that provided by law or by appropriation by the 
legislature for their respective positions as directors of State depart- 
ments. The member appointed by the Governor shall receive no com- 
pensation for his services, but he shall receive necessary traveling 
expenses for any meeting of the board or for trips which he may make 
in connection with the work of the board, which traveling expenses 
shall be paid out of the regular traveling appropriations made to the 
respective departments. 
The sanitary water board shall hold at least six regular meetings 
each calendar year at the office of one of the members and at times to 
be fixed by the board. The board shall select at its first meeting fol- 
lowing the passage and approval of this Act, one of its members to 
* Now Director of Public Works and Buildings by Act approved June 20, 1933 to amend 
sections 3, 4, 5, 6, 7, 9, 13, 28, 36, 40, 49, £0, 51, 52, 56 and 58 of “The Civil Administrative 
Code of Illinois”. SANITARY WATER BOARD 
51 
serve as chairman and at the first regular meeting in each calendar 
year thereafter the chairman for the ensuing year shall be selected. 
The chief sanitary engineer of the Department of Public Health shall 
serve as technical secretary of the board. He shall receive no addi- 
tional compensation for such services and during the interim between 
meetings of the board he shall handle such correspondence, make or 
arrange for such inspections and investigations and obtain, assemble 
or prepare such reports and data as the board may direct and author- 
ize. Special meetings may be called by the chairman or by two mem- 
bers of the board by delivery of written notice at the office of each 
member of the board. Three members of the board shall constitute a 
quorum. 
180. Powers and duties of board—pollution defined.] § 2. 
It shall be the duty of the sanitary water board to study, investigate, 
and from time to time, determine ways and means of eliminating from 
the streams and waters of the State, so far as practicable, all substances 
and materials which pollute, or tend to pollute, the same, and to de- 
termine methods, as far as practicable, of preventing pollution that is 
detrimental to the public health, or to the health of animals, fish, or 
aquatic life, or detrimental to the practicable use of the waters for 
recreational purposes. 
For the purposes of this Act, pollution shall be regarded as exist- 
ing in any of said waters, if, as the result of any discharge of any 
liquid or solid substances, the quality of any of said waters, after rea- 
sonable treatment, is impaired for public water supply, bathing or 
recreational purposes, if said waters were reasonably capable for use 
for public water supply, bathing or recreational purposes before the 
discharge occurred of which complaint has been made to said sanitary 
water board; or, if obnoxious odors result from such discharge into 
any of said waters near buildings, roads and lands occupied or used 
by human beings, provided that odors shall not be deemed to be ob- 
noxious in any case where the sanitary water board has determined 
that the discharge causing such odors does not constitute pollution 
within the meaning of this Act; or, if the quality of any said waters 
is impaired for the use of live stock, or kills, or is injurious to fish life, 
when said waters were reasonably practicable for use for watering 
live stock or for fish life. 
The sanitary water board shall have the right to decide and define 
where such pollution exists and it is hereby given exclusive jurisdic- 
tion for that purpose. 
131. “Sewage,” etc., defined.] § 3. “Sewage” as used in 
this Act includes the water-carried wastes created in and conducted 
away from residences, public buildings, institutions, industrial estab- 
lishments or any buildings in which such wastes are produced, to- 
gether with such underground, surface and storm water as may be 
present. “Sewerage system” as used herein includes all structures, 
conduits, pipe lines and treatment works by which sewage is collected, 
carried or treated and discharged except the plumbing systems 
inside buildings and the drain pipe from buildings to street sewers. 52 
PUBLIC HEALTH LAWS 
132. Permit required for installation of or change in sewer- 
age system.] § 4. No sewerage system which proposes to discharge 
into any of the aforesaid waters sewage or any other liquid or solid sub- 
stance of a decomposable or putrescrible, acid or other character, which 
may cause pollution of any of the aforesaid waters of the State, shall 
be installed until a written permit for such sewerage system has been 
granted by the sanitary water board. No changes, additions or exten- 
sions to any existing sewerage systems discharging into any of the 
aforesaid waters, including changes or additions to or extensions of 
the method of treating or disposing of the sewage, shall be made until 
plans for such changes, additions or extension shall have been sub- 
mitted to and a written permit obtained from the sanitary water 
board. Provided, however, that no permit shall be required for any 
new sewer system or changes or additions to or extensions of existing 
system that receive or may receive only domestic or sanitary sewage 
from a building housing or occupied by fifteen persons or less. 
133. Plans and specifications to be submitted before permit 
issued.] § 5. Plans and specifications for any sewerage system covered 
by this Act shall be submitted to the sanitary water board before a 
written permit may be issued and the construction of any such sewer- 
age system shall be in accordance with said plans and specifications. 
In case it shall be necessary or desirable to make material changes in 
such plans or specifications, revised plans or specifications, together 
with the reasons for the proposed changes shall be submitted to the 
sanitary water board for a supplemental written permit. 
134. May require owner of sewerage system to submit 
plans.] § 6. The sanitary water board may require any owner of a 
sewerage system discharging into any of the aforesaid waters to file 
with it complete plans of the whole or of any part of such system 
and any other information and records concerning the installation 
and operation of such system. 
135. Procedure for review op plans.] § 7. The sanitary 
water board shall have the right to establish procedure for the review 
of any plans, specifications or other data relative to any sewerage 
system, written permits for which are required by this Act, and may 
make use of such assistance for such review as existing State depart- 
ments and divisions may be able to render. 
136. Rules for submission of plans.] § 8. The sanitary 
water board shall have the right to adopt and enforce rules and regu- 
lations governing the method and manner under which plans, speci- 
fications or other data relative thereto shall be submitted for sewerage 
systems or for additions or changes to or extensions of such systems. 
137. Order to discontinue discharge—notice—hearing.] § 9. 
Whenever the sanitary water board shall determine that sewage or 
any other liquid or solid substance of a decomposable or putrescrible. 
acid or other character, is being discharged into any of the aforesaid 
waters and when, in the opinion of the sanitary water board, such dis- 
charge causes pollution as defined by this Act, the sanitary water SANITARY WATER BOARD 
53 
board may order whomever causes such discharge to show cause before 
said board why such discharge should not be discontinued. A notice 
shall be served on the offending party directing him or it to show 
cause before the said sanitary water board, on a date specified in such 
notice, why an order should not be made directing the discontinuance 
of such discharge. Such notice shall specify the time when and the 
place where a public hearing will be held by the sanitary water board 
and notice of such hearing shall be served personally or by registered 
mail at least ten (10) days before said hearing; and in the case of a 
muncipality or a corporation such service shall be upon an officer 
thereof. The sanitary water board shall take evidence with reference 
to said matter and may issue an order to the party responsible for 
such discharge, directing that within a specified period of time there- 
after such discharge be discontinued unless adequate treatment works 
shall have been installed or existing adequate treatment works be 
properly operated. 
138. Revocation, modification of permit.] § 10. Any permit 
authorized and issued under the provisions of this Act may, when 
necessary, in the opinion of said board, to prevent or abate pollution 
of any of the aforesaid waters, be revoked or modified by the sanitary 
water board after investigation, notice and hearing, as provided in 
section nine of this Act. 
139. Investigation of sanitary qualities of waters.] § 11. 
The sanitary water board shall have power to examine and investigate 
the sanitary quality of and establish standards of purity for any of 
the aforesaid waters and for those purposes the members thereof or 
its employees or representatives may enter and cross all lands in this 
State without doing damage to private property. 
140. Continued pollution to be considered nuisance.] § 12. 
If the pollution of any of the aforesaid waters within the meaning of 
this Act is continued contrary to orders of the sanitary water board, it 
shall constitute a nuisance which may be abated in actions commenced 
and maintained by the Attorney General in the name of the People of 
the State of Illinois in the manner in which other nuisances are abated. 
141. Filing complaint of pollution.] § 13. Whenever any 
complaint or pollution of any of the aforesaid waters shall be filed 
with the sanitary water board it shall be the duty of the board to have 
such engineering, analytical, bacteriological, chemical, biological and 
other studies made as may be necessary, and if the pollution is found 
to exist, it shall be the duty of the sanitary water board to proceed as 
provided in this Act. 
142. Penalties.] § 14. Whoever violates any provisions of this 
Act or fails to comply with any order of the sanitary water board in 
accordance with the provisions of this Act shall be fined one hundred 
dollars ($100.00). Each day’s continuance of such violation or fail- 
ure shall constitute a separate offense. The penalties provided in this 
section shall be recoverable by the People of the State of Illinois upon 
the suit of the Attorney General as debts are recoverable at law. 54 
PUBLIC HEALTH LAWS 
143. Municipalities may install outlets for sewage systems.] 
§ 15. Cities, villages and incorporated towns shall have power to in- 
stall and maintain outlets, discharging into the aforesaid waters, for 
sewage systems constructed prior or subsequent to the taking effect of 
this Act and subject to the provisions of this Act. 
144. Act not to affect certain sanitary districts.] § 16. 
Nothing in this Act contained shall apply to or be construed in any 
manner to affect the property, real, personal or mixed, wherever 
situated, or the channels, adjuncts and additions, drains, ditches and 
outlets, and their use, operation and maintenance and the right to the 
flow of water therein, and in rivers, streams and navigable waters 
connected thereto, for sewage, dilution, nor affect the jurisdiction, 
rights, powers, duties and obligations of any existing sanitary district 
which now has a human population of one million or more within its 
territorial limits. 
145. Partial invalidity.] § 17. If any section, subdivision, 
sentence or clause in this Act shall be held to be unconstitutional, the 
unconstitutionality thereof shall not affect the remaining parts of 
this Act. 
SEWERAGE AND SEWAGE DISPOSAL 
1. Cities and Villages—Power of the City Council 
Chapter 24—An Act to provide for the incorporation of 
cities and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.12 —Openings in streets. 
65.28 —Culverts, drains, sewers, etc. 
65.56 —Vaults, cisterns, gutters, sewers, etc. 
65.83 -—Nauseous houses or places. 
65.88 —Streets and sewers through or under railroad. 
65.88%—Collection and disposal of sewage outside cities and 
villages. 
Chapter 24—An Act to provide for the annexation of cities, 
incorporated towns and villages, or parts of same, to cities, 
incorporated towns and villages. (Approved April 25, 1889. 
L. 1889, p. 66.) 
405—Continuation of construction of sewers. 
Chapter 24-—An Act to further enable cities, villages and 
incorporated towns to lease, purchase, or construct water and 
sewer systems, provide for the payment of the same and any 
indebtedness thereon and contracts therewith. (Approved May 
20, 1907. L. 1907, p. 201.) 
457— May purchase or lease water works or sewerage system— 
Submission to voters. 
458— May mortgage water works or sewerage system. 
459— May borrow money and levy tax. 
460— May contract for water supply. 
Chapter 24—An Act to enable cities, villages, incorporated 
towns and other municipal corporations to contract with each 
other for sewerage. (Approved May 14, 1879. L. 1879, p. 75.) SEWERAGE AND SEWAGE 
481 —May contract for sewerage, etc. 
482 —Contract by ordinance or resolution. 
482a—Validates prior contracts. 
Chapter 24—An Act authorizing cities, villages, and incor- 
porated towns to contract with certain sanitary districts in rela- 
tion to sewage. (Approved July 5, 1933. L. 1933, p. 276.) 
482b—May contract with sanitary district for sewage disposal. 
Chapter 24—An Act in relation to the levy and collection of 
taxes for sewerage and waterworks in cities of this State, that may 
have established a system of sewerage and waterworks for such 
city, and to repeal an act therein named, and to authorize the 
cities, villages and incorporated towns of this State to levy and 
collect taxes to pay for water and light. (Approved June 21, 
3883. L. 1883, p. 68.) 
483—Sewerage fund tax. 
Chapter 24—An Act to authorize cities, villages and incor- 
porated towns of 100,000 population and under to construct out- 
let sewers, reservoirs and pumping wrorks and machinery and 
plants for said sewage and maintaining and keeping in repair 
the same, the cost thereof to be defrayed by special assessment or 
special taxation, and if the assessment is paid by installments, to 
issue bonds to anticipate the deferred installments. (Approved 
March 8, 1910. L. 1910, p. 4.) 
485— Corporate authorities may construct outlet sewers, etc. 
486— Cost may be borne by special assessment or by special taxa- 
tion. 
487— May acquire property for right of way, etc. 
488— Ordinance. 
489— Proceedings to be under local improvement act of 1897. 
490— Bonds. 
Chapter 24—An Act in relation to sewage disposal plants 
and necessary connecting and outlet sewers for municipalities in 
Illinois and adjoining municipalities in other states. (Approved 
July 9, 1931. L. 1931, p. 374.) 
490a—Construction and operation of sewage disposal plant by 
Illinois municipality and adjacent municipality in another 
State. 
490b—Municipality of another State may own and operate sewage 
plant in this State. 
490c—Use by Illinois municipality of plant operated by foreign 
municipality. 
490d—Use by foreign municipality of plant owned by Illinois muni- 
cipality. 
490e—Plant of foreign municipality exempt from taxation in this 
State. 
490f—Power of foreign municipality to condemn property in this 
State. 
490g—Construction and purpose of this Act. 
Chapter 24—An Act authorizing cities, villages and incor- 
porated towns and sanitary districts, having a population of less 
than 500,000 to construct or acquire, improve and extend a sew- 
erage system, impose and collect charges and rates for the use 
thereof, issue revenue bonds payable solely from the revenue 56 
PUBLIC HEALTH LAWS 
derived from the operation of such system or improvement or 
extension in payment thereof, to provide for the operation of 
such sewerage systems, and contract in relation thereto. (Filed 
July 13, 1933. L. 1933, p. 276.) 
490h —Definitions. 
490i —Construction, acquisition of. 
490J —Ordinance. 
490k —Bonds payable only from sewerage revenues. 
4901 —Revenue held in special fund. 
490m —Rules and regulations—Sewerage rates. 
490n —System of accounts—Annual audit. 
490o —Compelling performance of duties. 
490p —Eminent domain. 
490p 1—Contracts by sanitary district and municipalities. Sewer- 
age charges to inhabitants of municipalities. 
490p 2—Sewerage system for particular locality in municipality— 
Issuance of revenue bonds. 
490p 3—Resolution for sewerage system for particular locality— 
Hearing. 
490p 4—Notice of hearing. 
490p 5—Conduct of hearing—Adoption of resolution. 
490p 6—Rules and regulations—Sewerage charges. 
490p 7—Resolution for bond issue. 
490p 8—Publication of ordinance—Effective date. 
490p 9—Use of revenues received. 
490p 10—Sewerage system for particular locality—Revenue bonds. 
490q —Act not in limitation of present powers. 
490r —Referendum not required. 
490rl —Partial unconstitutionality. 
Chapter 24—An Act to provide for a tax for the operation 
and maintenance of sewage treatment and disposal plants in 
municipalities which are not in any sanitary district. (Approved 
May 2, 1932. L. 1931-2. First Sp. Sess. p. 26.) 
490s—Tax levy for sewage plant. 
490t—Referendum. 
Chapter 24—An Act providing for the acquisition, construc- 
tion, extension, improvement, maintenance and operation of a 
combined municipal water works and sewerage system, the means 
of financing the same, and in connection therewith the refunding 
of securities previously issued for any existing waterworks or 
sewerage systems, or both, and for the use thereof, in cities, 
villages and incorporated towns having a population of less than 
500,000, (Approved May 15, 1934. L. 1933-34, Third Sp. Sess., 
p. 136.) 
490t 1—Terms defined. 
490t 2—Acquisition and operation of combined water and sewer- 
age system. 
490t 3—Moneys to defray cost—Issuance of revenue bonds. 
490t 4—Refunding outstanding revenue bonds. 
490t 5—Adoption of ordinance. 
490t 6—Publication of ordinance—Petition for referendum. 
490t 7—Bonds payable from revenues from operation. 
490t 8—Adoption of rules, regulations—Service charges. 
490t 9—Use of revenue from operation—Bonds validated. 
490t 10—System of accounts, Annual audit. 
490t 11—Compelling performance of duties. 
490t 12—Eminent domain. SEWAGE DISPOSAL 
490t 13—Except as herein provided, referendum unnecessary. 
490t 14—Act in addition to present powers. 
490t 15—Partial invalidity. 
Chapter 24—An Act to authorize cities, villages hnd incor- 
porated towns to levy a tax for the redemption of defaulted 
revenue bonds, and accrued interest thereon, issued for the pur- 
pose of constructing or acquiring sewerage systems. (Approved 
July 22, 1939. L. 1939, p. 399, H. B. No. 589.) 
490t 16—Definitions. 
490t 17—Defaulted sewerage system bonds—Levy of tax to pay. 
490t 18—Adoption of act—Submission to voters. 
Chapter 24—An Act validating, ratifying, approving, and 
confirming certain bonds and other instruments or obligations 
heretofore issued, and validating, ratifying, approving and con- 
firming certain proceedings heretofore taken, by (Filed July 13, 
1937. L. 1937, p. 939.) 
664.5— Title of act. 
664.6— Definitions. 
664.7— Bonds for projects as to which Federal loans or grants 
have been made. 
664.8— Proceedings for financing projects validated. 
Chapter 24—An Act concerning local improvements. (Ap- 
proved June 14, 1897. L. 1897, p. 102.) 
698—Powers conferred. 
733—Water works and sewage system—Annual tax levy—Public 
benefit fund—Referendum—Issuance of warrants. 
Chapter 24—An Act authorizing cities, villages and incor- 
porated towns which have heretofore entered into agreements 
with the Federal Government and have received or will receive 
Federal grants for the construction, extension, improvement or 
repair of streets, sewerage systems or water systems, to levy a 
special tax or assessment upon the property benefited and to 
issue bonds in anticipation of the collection of such special tax 
or assessment. (Approved March 3, 1936. L. 1935-6, First Sp. 
Sess. p. 39.) 
808.1— Special tax or special assessment—Bonds to anticipate col- 
lection. 
808.2— Ordinance. 
808.3— Petition to levy assessment—Assessment of cost. 
808.4— Property assessed separately. 
808.5— Form of assessment roll—Notice of improvement. 
808.6— Division of assessment into installments. 
808.7— Notice for confirmation of assessment. 
2. Sanitary Districts and Sewage Disposal. 
Chapter 42—An Act to create sanitary districts in certain 
localities, to drain and protect the same from overflow for sani- 
tary purposes and to provide for sewage disposal. (Approved 
May 17, 1907. L. 1907, p. 289.) 
247 —How incorporated—-Name and description in petition. 
248 —Judges to constitute board of commissioners—Time and 
place for meeting. 
249 -—Submission of proposition—Notices—Canvass—Record. 
250 —Election of corporate authorities. 58 
PUBLIC HEALTH LAWS 
251 —Trustees—Number—Term—Cumulative voting—President. 
252 —Corporate powers defined. 
253 —Board of trustees — Powers — Officers of Board — Term — 
Bond—Duties and compensation of officers and employees 
—Limitations on salary—Board of trustees. 
253a—Deposit of money of sanitary district. 
254 —Record of organization of district filed. 
255 —Powers of board. 
256 —Ordinances, etc., to be approved by president-—Veto — 
Reconsideration. 
257 —Ordinances—Publication—When effective. 
258 —Proof of ordinances, etc. 
259 —Levees—Embankments—Improvements—Repairs. 
260 —Powers—Jurisdiction beyond district. 
261 —Acquisition of property by purchase or condemnation — 
Appeals. 
262 —Bond issue—Limitation. 
263 —Levy, extension and collection of taxes. 
264 —Compensation for damages—How paid. 
265 —Right on public property. 
266 —Rights on railroad property, etc. 
267 —Elevation of railroad tracks, etc. 
269 —Letting contracts—conditions. 
270 —Compensation to drainage districts. 
271 —Police and police powers. 
272 —Office to be established. 
273 —Reports to county judge. 
274 —Construction of act. 
Chapter 42—An Act to create sanitary districts, and to pro- 
vide for sewage disposal. (Approved June 5, 1911. L. 1911, 
p. 299.) 
277— Authority — Petition — Board of Commissioners — Hearing, 
Election—Notice—Ballot—Record of election—Organization. 
278— Judicial notice of existence of district. 
279— Board of trustees—Term—Appointment—Bond—Disqualifica- 
tions. 
280— Officers and employes—Compensation—Rules and regulations. 
281— When ordinances take effect. 
282— Proof of ordinances. 
283— Powers and duties of trustees—Water works and sewage 
disposal. 
284— Acquisition and disposition of property. 
285— Borrowing money—Bond issue—Limitation—Referendum. 
286— Annual tax. 
287— Contracts. 
288— Taxes for corporate purposes—Interest on deposits. 
289— Use of highway, streets, etc.—Approval of Governor, Proviso. 
290— Contracts for drainage, etc. 
291— Condemnation proceedings. 
292— Right of way over public property. 
293— Garbage disposal. 
294— Contracts with outside territory. 
295— Water works, etc. 
296— Police powers. 
Chapter 42—An Act to create sanitary districts and to pro- 
vide for sewage disposal. (Approved June 22, 1917. L. 1917, 
p. 396.) 
299 —Territory—Petition—Commissioners—Hearing—Notice of 
election—Ballots. 
300 —Judicial notice to be taken of districts. 
301 —Trustees—Appointment, etc. SANITARY DISTRICTS 
59 
302 —Vacancies. 
303 —Board of trustees. 
304 —Ordinances to be published. 
305 —Published ordinances and certified copies to be evidence. 
306 —Sewage disposal—Lake Michigan not be contaminated. 
307 —Condemnation proceedings—Disposition of property. 
308 —Power to borrow money. 
308%—Conveyance to and lease from United States or agency 
thereof. 
309 —Direct annual tax to pay interest and debt. 
310 —Contracts to lowest bidder—Public notice. 
311 —Taxes for corporate purposes—Limitation, etc. 
312 —Easement over public highways, State lands, etc. 
313 —United States military posts and naval stations. 
314 —Exercise of eminent domain according to act 1872. 
315 —Authority to take possession of public property. 
316 —District permitted to serve outlying territory and to acquire 
property of other districts. 
317 —Power to prevent pollution of waters—Police powers, etc. 
317a —Construction of drains, sewers, laterals, pumping stations, 
etc.—Assessments. 
317b —Special assessments. 
317c —Bonds to anticipate collection of installments. 
317d —Property taken or damaged. 
317e —Annexation of territory to sanitary district—Procedure. 
317f —Disconnection of territory from district. 
Chapter 42—An Act to authorize sanitary districts organized 
under “An Act to create sanitary districts and to provide for 
sewage disposal,” approved June 22, 1917, as amended, to issue 
bonds for the payment of claims and indebtedness incurred for 
corporate purposes and judgments. (Filed July 10, 1936. 
L. 1935-6, Fourth Sp. Sess., p. 13.) 
319e—Issuance of bonds to pay claims. 
319f—Resolution to establish validity of claims. 
319g—Form of bonds—Ordinance—Publication—Petition for refer- 
endum. 
319h—Tax to pay bonds. 
319i—Validity of bonds. 
319j —Act to be cumulative. 
Chapter 42—An Act to create sanitary districts and to 
provide for sewage disposal. (Approved July 2, 1936. L. 1935-36, 
Fourth Sp. Sess., p. 16.) 
412— Incorporation of area outside municipality—Petition—Hear- 
ing—Election. 
413— Courts to take judicial notice. 
414— Board of trustees—Appointment—Bond—Vacancy. 
415— Powers of board—Officers and employees. 
416— Ordinances—Publication—Effective date. 
417— Proof of ordinances. 
418— Collection and disposal of sewage. 
419— Duty to provide sewers and treatment plant—Violation. 
420— Collection of additional costs from producers of industrial 
wastes. 
421— Acquisition of real and personal property—Use of drains, 
channels, etc. 
422— Issuance of bonds—Referendum. 
423— Additional powers of board of trustees. 
424— Tax to pay indebtedness. 
425— Contracts to be let by bids. 
426— Contracts conform to local improvement act. 60 
PUBLIC HEALTH LAWS 
427— Levy of taxes. 
428— Certification and collection of taxes. 
429— Interest on funds deposited. 
430— Use of interest—Tax not to be scaled. 
431— Liability of treasurer for funds deposited. 
432— Restrictions on funds deposited. 
433— Sewers, channels, etc., on public property. 
434— Contract for sewage from United States military post. 
435— Condemnation of private property. 
436— Condemnation of property held for public use. 
437— Drainage from outside territory—Use of other drains or 
channels. 
438— Pollution of water supply—Dams—Improvement of streams. 
439— Special assessments and general taxation. 
440— Division of assessment into installments. 
441— Bonds to anticipate collection of assessments. 
442— Cost of acquiring private property to be included in assess- 
ment. 
443— Joint construction with municipality. 
3. Parks. 
Chapter 105—An Act in regard to the completion, improve- 
ment and management of public parks and boulevards, and to 
provide a more efficient remedy for the collection of delinquent 
assessments. (Approved May 2, 1873. L. 1873, p. 129.) 
28—Proceedings for park improvements. 
30— Separate estimates when sewer located in two towns. 
31— -Adjoining property owners may use sewer. 
32— Proceedings to condemn right of way. 
4. Canals and Waterways Improvements. 
Chapter 19—An Act in relation to the construction, opera- 
tion and maintenance of a deep waterway from the water power 
plant of the Sanitary District of Chicago at or near Lockport to 
a point in the Illinois River at or near Utica, and for the develop- 
ment and utilization of the water power thereof. (Approved 
June 17, 1919. In force July 1. L. 1919, p. 977.) 
94—Drainage or sewer system to be restored if interfered with 
or destroyed. 
PLUMBERS AND PLUMBING LAWS 
Plumbing License Law 
Chapter 111^2—An Act in relation to the regulation of 
plumbing and licensing of Master Plumbers, Journeyman Plumb- 
ers, and registration of Plumbers’ Apprentices, and for the pro- 
tection of public health, and repeal of a certain Act therein. 
(Filed June 17, 1935. L. 1935, p. 1059.) 
95— Terms defined. 
96— Licenses required. 
97— Privilege to engage in business granted by licenses—Duties 
of board. 
98— State Board of Plumbing Examiners created. 
99— Duties of Director of Registration and Education. 
100—Application for licenses—Fees—Present licenses—Change of 
address. PLUMBERS AND PLUMBING 
61 
101— Examinations — Issuance of license — Re-examination — Re- 
newal. 
102— Display of license. 
103— Issuance of licenses by cities over 500,000 populations—Rights 
of licenses—Municipal permits and inspection. 
104— Municipal regulation of plumbing—Investigations by depart- 
ment. 
A—It is hereby declared to be the policy of this State that 
each city, town or village with a system of water supply 
or sewage or both should so soon after the enactment 
of this Act as practicable, with the advice of the State 
Department of Health, provide by Ordinance, by-laws, 
or rules and regulations for the materials, construction, 
alteration, and inspection of all plumbing placed in or 
in connection with any building in any such city, town 
or village and to provide for and appoint a competent 
Plumbing Inspector or more as required. Such appointee 
shall be a Master Plumber or a Journeyman Plumber 
with a license of a Journeyman Plumber in effect for 
at least 5 years. 
B —The Department of Public Health shall conduct inquiry 
in any city, town, or village, or at any other place in 
the State when reasonably necessary in the judgment 
of the Director of the Department of Health to safeguard 
the health of any person or persons in this State on 
account of any piping or appurtenant appliances within 
any building or outside, when such piping and appliances 
are for the use of plumbing as defined in this Act and 
for the use of carrying sewage or waste within or from 
any building. 
C —The Department of Public Health may conduct such 
inquiries in any city, town or village in this State by 
directing the Plumbing Inspector thereof to aid in or 
conduct such inquiry or investigation in behalf of the 
Department of Public Health, or the Department of Pub- 
lic Health may designate some other person or persons 
to conduct such investigation. 
105— Revocation of licenses. 
106— Hearings for revocation—Notice—Subpoenas. 
107— Compelling attendance of witnesses. 
108— Record of proceeding. 
109— Report of board—Order—Hearing. 
110— Review by court. 
111— Restoration of license. 
112— Stay during appeal—Prima facie proof as to Director and 
Board. 
113— Appeals to Supreme Court. 
114— Partial unconstitutionality. 
115— Penalties for violation. 
116— Name of act. 
INNKEEPERS—SANITARY EQUIPMENT 
Chapter 71—An Act relating to hotels, inns and public 
lodging houses in cities and villages and incorporated towns in 
the State of Illinois. (Approved June 25, 1913. L. 1913, p. 395.) 
14—Application of Act—Definition. 
18—Sanitary rules established by State Board of Health. 
Every hotel shall be well drained, constructed, and 
plumbed according to sanitary rules to be established by 
the State Board of Health and shall be kept clean and 
in a sanitary condition and free from effluvia arising 
from any sewer, drain, privy or other source within the 62 
PUBLIC HEALTH LAWS 
control of the owner, manager, agent or other person in 
charge; and shall be provided with water closets or 
privies properly screened for the separate use of males 
and females, which water closets or privies shall be dis- 
infected as often as may be necessary to keep them at 
all times in a sanitary condition. 
19—Penalty for violations. 
MILK AND MILK PRODUCTS 
1. Pasteurization of Milk. (See page 68.) 
2. Graded Milk and Products. (See page 75.) 
3. Sale and Adulteration of Milk and Milk Products. 
Chapter 38—An Act to regulate the sale of milk and to 
provide penalties for the adulteration thereof. (Approved May 
29, 1879. L. 1879, p. 111.) 
9—Of milk. 
10—Keeping diseased cows, etc. 
13— Judgment—issuing copies. 
14— What is an adulteration. 
Chapter 38—An Act to prevent frauds in the manufacture 
and sale of butter and cheese. (Approved May 31, 1879. L. 1879, 
p. 116.) 
15— Butter—Cheese—Stamped or marked. 
16— Labels. 
17— Penalties. 
Chapter 38—An Act to prevent the adulteration of butter 
and cheese, or the sale or disposal of the same, or the manufac- 
ture or sale of any article as a substitute for butter or cheese, or 
any article to be used as butter and cheese. (Approved June 1, 
1881. L. 1881, p. 74.) 
18— Imitations of butter or cheese. 
Chapter 38—An Act to prevent and punish the adulteration 
of articles of food, drink and medicine and the sale thereof when 
adulterated. (Approved June 1, 1881. L. 1881, p. 75.) 
21— Compound stamped and sold under true name. 
22— Mixing oleomargarine, etc., with butter without marking. 
23— Penalty. 
24— Knowledge. 
25— State’s Attorney—Duty. 
Chapter 38—An Act to regulate the manufacture and sale 
of substitute for butter. (Approved June 14, 1897. L. 1897, p. 3.) 
30— Imitation butter. 
31— Coloring butter prohibited. 
32— Packages, etc., to be stamped and marked. 
33— Unlawful to sell, etc. 
34— Shipping of substitutes. 
35— Substitute in possession. 
36— What constitutes possession. 
37— Wrongful sale or contract. 
38— Defacing marks, etc. 
39— Fines and penalties. 
40— State’s Attorney to prosecute. FOOD SANITATION 
63 
4. Pure Food Regulations. 
Chapter 563/2—An Act to prevent fraud in the sale of dairy 
products, their imitation or substitutes, to prohibit and prevent 
the manufacture and sale of unhealthful, adulterated or mis- 
branded food, liquors, or dairy products, and to repeal all acts 
relating to the production, manufacture, and sale of dairy and 
food products and liquors in conflict herewith. (Approved May 
13, 1907. L. 1907, p. 5y3.) 
1 —Provision for appointment of a State food commissioner and 
the establishment of a State food department. 
2 —Power of commissioner and inspectors making inspection. 
16 —Sale of unclean or unwholesome milk for consumption and 
unsanitary containers prohibited. 
17 —Persons receiving milk to wash cans. 
18 —Not to manufacture food from impure or unclean milk or 
cream. 
19 —Sale of skim milk—Cans—How labeled. 
20 —Instruments for measuring milk and cream standards. 
21 —Licenses for milk or cream testing. 
22 —Testing milk and cream. 
23 —Sales of preservatives prohibited. 
24 —Vehicles to be marked. 
25 —Illegal lard. 
28 —Sale of process butter not branded prohibited. 
29 —Process butter—How branded. 
33 —State board of health to furnish samples. 
34 —State analyst shall not furnish certificate of purity. 
38 —Label—size of type. 
39 —Food commission to make rules and regulations. 
39a—Cheese. 
40 —Standard of purity and strength. 
43 —When prosecution brought. 
44 —Penalty. 
45 —Judgment—Issuing copies. 
46 —Repeal. 
5. Butter Substitutes. 
Chapter 503/2—An Act to prevent the illegal use of the 
words butter, creamery, and dairy. (Approved June 28, 1923. 
L. 1923, p. 406.) 
46a—Use of words “butter”, “creamery”, and “dairy”. 
46b—Penalty. 
46c—Disposition of fines. 
46d—When act effective. 
6. Sanitary Inspection. 
Chapter Act to prevent the preparation, manufac- 
ture, packing, storing, or distributing of food, under insanitary, 
unhealthful or unclean conditions or surroundings, to create a 
sanitary inspection, to declare that such conditions shall consti- 
tute a nuisance, and to provide for the enforcement thereof. 
(Approved June 5, 1911. L. 1911, p. 528.) 
67— Light, drainage, plumbing and ventilation of establishments. 
68— Care of rooms, etc.,—Removal of refuse—Clothing of em- 
ployes. 
69— Sidewalls, ceilings and floor—Construction and care. 
70— Doors and screens. 64 
PUBLIC HEALTH LAWS 
71— Toilet rooms and lavatories. 
72— What declared nuisance. 
73— Cuspidors. 
74— Expectoration—Washing hands. 
75— Sleeping in work rooms. 
76— Contagious or venereal disease. 
77— Enforcement of act. 
78— Fines—Prosecution. 
79— Penalties. 
LODGING HOUSES, HOTELS, INNS, ETC. 
1. State Board of Health. 
Chapter 111%—An Act to create and establish a board of 
health in the State of Illinois. (Approved May 28, 1877. L. 1877, 
p. 208.) 
31— Lodging houses, etc.—Supervision—Inspection. 
32— Sleeping rooms—Number—Size—Ventilation. 
33— Lodging houses—Register—Content. 
2. Cities and Villages. 
Chapter 24—An Act for the regulation and inspection of 
tenement and lodging houses, or other places of habitation. (Ap- 
proved May 30, 1881. L. 1881, p. 155.) 
535— Plans to be submitted to health commissioner. 
536— Health commissioner to instruct plumber. 
537— Notice of completion to health commissioner—Inspection. 
538— Penalty against architect or builder. 
539— Penalty against plumber. 
Chapter 38—An Act to prohibit the use of a common drink- 
ing cup, glass or other utensil used for public drinking purposes 
in public and private schools, State educational institutions, halls 
used for public meetings or entertainments, hotels, lodging houses, 
theaters, factories or public or municipal buildings, on railroad 
trains and stations and in other public places in the State of 
Illinois. (Approved June 5, 1911. L. 1911, p. 289.) 
180— Prohibits use of common drinking cup, etc. in public places. 
181— Use prohibited on railroad trains and at stations, etc. 
182— Unlawful to furnish or have for use. 
183— Penalty. 
THE DRINKING CUP IN PUBLIC PLACES 
SANITATION AND PUBLIC COMFORT STATIONS 
1. Foods—Sanitary Inspection. 
Chapter 56%—An Act to prevent the preparation, manufac- 
ture, packing, storing, or distributing of food intended for sale, 
or sale of food, under insanitary, unhealthful, or unclean condi- 
tions or surroundings to create a sanitary inspection, to declare 
that such conditions shall constitute a nuisance, and to provide 
for the enforcement thereof. (Approved June 5, 1911. L. 1911, 
p. 528.) 
71— Toilet rooms and lavatories. 
72— What declared nuisance. 
74—Expectoration—Washing hands. FOOD FRAUDS 
65 
2. Public Comfort Stations—Cities and Tillages. 
Chapter 24—An Act in relation to public comfort stations. 
(Approved June 30, 1919. L. 1919, p. 841.) 
589— Authorization to establish. 
590— Definition. 
591— Acquisition of ground, building and equipment. 
592— Tax levy. 
593— Referendum. 
LICENSES AND PERMITS 
1. Cities and Villages. 
Chapter 24—An Act to provide for the incorporation of 
cities and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.90—Licensing certain occupations. 
To tax, license and regulate distillers, 
breweries, ice cream parlors, coffee 
houses, barbers and barber shops. 
2. Foods. 
Chapter 56^/2—An Act to prevent fraud in the sale of dairy 
products, their imitation or substitutes, to prohibit and prevent 
the manufacture, and sale of unhealthful, adulterated or mis- 
branded food, liquors, or dairy products, and to repeal all acts 
relating to the production, manufacture and sale of dairy and 
food products and liquors in conflict herewith. (Approved May 
14, 1907. L. 1907, p. 543.) 
21—Licenses for milk or cream testing. 
41—Standard of purity and strength. 
Chapter 56^—An Act to regulate cold storage of certain 
articles of food. (Filed June 28, 1917. L. 1917, p. 648.) 
81— Cold storage warehouses to be licensed by Department of 
Agriculture. 
82— Revocation of license on account of unsanitary conditions. 
3. Barbers and Beauty Gulturists. 
Chapter 16%—An Act relating to the practice of beauty 
culture. (Approved June 30, 1925. L. 1925, p. 174.) 
15—Registration required. 
19—Certificate of registration—Qualifications. 
21— Applications. 
22— Examination of applicants. 
23— Issuance of certificate. 
24— Certificate of registration, display of. 
25— Certificate—Renewal—Expiration. 
26— Revocation, etc. of certificate. 
28—Fees. 
30—Penalties. 
4. Oil Inspection—Wells. 
Chapter 104%—An Act to require the reporting of informa- 
tion essential for the sealing of wells to prevent escape of oil, gas, 66 
PUBLIC HEALTH LAWS 
salt or fresh water or other materials from one stratum to another 
through such wells. (Approved July 11, 1939. L. 1939, p. H. B. 
No. 1079.) 
34— Logs of wells to be filed in Geological Survey office—Contents 
of logs. 
35— Drill cuttings, collection of for Geological Survey. 
37—Drill records, receipt for by Geological Survey—Logs, substi- 
tute for. 
5. Charities—Maternity Hospitals. 
Chapter 23—An Act for the licensing, inspection and regu- 
lation of maternity hospitals, lying in homes, or other places, 
public or private, for the confinement of women, and to provide 
a penalty for violation thereof. (Approved June 24, 1915. L. 1915, 
p. 254.) (Amended and approved July 14, 1939. S. 108.—p. 276.) 
341—License—Revocation—Placing children in foster family homes. 
345—Penalty. 
6. Employment. 
Chapter 48—An Act to revise the law regulating industrial 
home work. (Filed July 13, 1937. L. 1937, p. 552.) 
254— Application for sanitary permit—Inspection of premises— 
Necessary conditions. 
255— Home worker’s certificate. 
256— Employer’s permit. 
257— Register of workers—Report. 
Chapter 38—An Act to provide for the regulation of public 
dance halls or road houses used for public dances outside the 
limits of any city, village or town. (Approved June 30, 1925. 
L. 1925, p. 320.) 
151 a—License required. 
151 b—Issuance of license—Renewal. 
151 c—Operation until next meeting of county board. 
151 d—Qualifications for license. 
(B) That the place or road house is to be operated or 
maintained, reasonably conform to all laws, and health 
and fire regulations applicable thereto, and is properly 
ventilated and supplied with separate and sufficient 
toilet arrangements for each sex, and is a safe and proper 
place of building for a public dance or road house. 
151 e—Investigation of application. 
151 f—Revocation of license. 
151 g—Persons not permitted to frequent. 
151 h—Penalty. 
151 i—Act not to apply on State property. 
DANCE HALLS AND ROAD HOUSES COLD STORAGE 
67 
FOOD REGULATIONS 
A—Animals Intended for Food. 
Chapter 8—An Act to provide for the inspection of any 
animal intended for human food, appearing to be diseased, and 
for the disposition of the carcass. (Filed May 27, 1907. In force 
July 1. L. 1907, p. 7.) 
106— Inspection of animals intended for food. 
107— Duty to kill afflicted animal—Notice to owner. 
108— Penalty. 
B—Cities’ and Villages’ Powers. 
Chapter 24—An Act to provide for the incorporation of 
cities and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.19 —Traffic and sales upon streets, etc. 
65.48 —Markets and market houses. 
65.49 —Regulating sale of meats and other provisions. 
65.50 —Forestalling and regrading. 
65.51 —Regulating sale of bread. 
65.52 —Inspection of meats and other provisions. 
65.75 g—Rules and regulations of board. 
C—Criminal Code on Foods. 
Chapter 38—An Act to protect the public from imposition in 
relation to canned or preserved food. (Approved June 27, 1885. 
L. 1885, p. 207.) 
274— Goods must be marked. 
275— “Soaked” goods branded. 
276— Penalties. 
479—Punishment (for poisoning). 
D—Uniform Cold Storage. 
Chapter SG1/^—An Act to regulate cold storage of certain 
articles of food.( Filed June 28, 1917. L. 1917, P. 648.) 
80— Definitions. 
81— Cold storage warehouses to be licensed by Department of 
Agriculture. 
82— Revocation of license on account of unsanitary conditions. 
83— Records to be kept of food stored and reports to be filed with 
Department of Agriculture. 
84— Department of Agriculture to supervise cold storage ware- 
houses and inspect foods. 
85— Food unfit for human consumption not to be kept. 
87— Storage limited to twelve months. 
88— Goods offered for sale to be marked “Cold Storage Goods.” 
89— Goods not to be returned to storage or transferred. 
90— Department of Agriculture to establish rules. 
91— Penalties. 68 
PUBLIC HEALTH LAWS 
PASTEURIZATION OF MILK 
An Act in relation to the pasteurization of milk. [Approved June 
30, 1925. L. 1925, p. 408.] 
101-114. § § 1-14. Repealed by Act approved July 24, 1939. 
L. 1939, p. 660, S. B. No. 288. 
An Act regulating the handling, processing, labeling, sale and dis- 
tribution of pasteurized milk and pasteurized milk products. 
Approved July 24, 1939. L. 1939, p. 1708, S. B. No. 288. 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: 
115. Terms defined.] § 1. The words and phrases herein 
defined are used in the sense given them in the following definitions: 
(a) The terms “pasteurization”, “pasteurized” and similar 
terms shall be taken to refer to (1) the process of heating every 
particle of milk or milk products to at least 143° F., and holding at 
such temperature for at least 30 minutes; or (2) heating every 
particle of milk to at least 160° F., and holding at such temperature 
for at least 15 seconds; either method shall be carried out in apparatus 
approved by the Department and properly operated; provided that 
nothing in this definition shall be considered as disbarring any other 
process which has been demonstrated to be equally efficient and is 
approved by the Department. 
(b) “Department” means the State Department of Public 
Health. 
(c) “Director” means the Director of the Department of 
Public Health. 
(d) “Person” includes an individual, aggregation of indi- 
viduals, corporation, association and partnership. 
(e) “Certificate of Approval” or “Certificate” means a docu- 
ment awarded to the owner or operator of a pasteurization plant for 
compliance with the provisions of and under conditions set forth in 
this Act. 
(f) “Pasteurized Milk Products” means and includes pasteur- 
ized cream, Vitamin “D” milk, soft curd milk, homogenized milk, 
skimmed milk, buttermilk and milk beverages as defined in this Act. 
1. Pasteurized cream is a portion of milk which contains not 
less than eighteen per cent milk fat. 
2. Pasteurized Vitamin D milk is milk the Vitamin D content 
of which has been increased by a method and in an amount approved 
by the Director. 
3. Pasteurized soft curd milk is milk the curd tension of which 
is comparable to human milk when tested by and in a manner ap- 
proved by the Director. 
4. Pasteurized homogenized milk is milk that has been mechani- 
cally treated in such manner as to alter its physical properties with 
particular reference to the condition and appearance of the fat glob- 
ules, to such an extent that no viable1 cream separation occurs after 
1 So in original. Probably should read “visible.” MILK PASTEURIZATION 
69 
48 hours storage and fat tests of the milk at the top and bottom of a 
quart bottle do not show a difference in fat percentage exceeding two 
tenths of one percent (0.2%). 
5. Pasteurized skimmed milk is milk from which a sufficient 
portion of milk fat has been removed to reduce its milk fat percentage 
to less than three per cent. 
6. Buttermilk is the product resulting from the churning of 
pasteurized milk or cream, or from the souring or treatment by a 
lactic acid or other culture of milk, skimmed milk or reconstituted 
milk. It contains not less than eight per cent of milk solids-not-fat. 
7. Pasteurized milk beverages shall mean a food compound con- 
sisting of milk, skimmed milk, cream or buttermilk as the case may 
be, to which has been added a syrup or flavor consisting of wholesome 
ingredients. 
(g) “Pasteurization Plant” as used herein shall to taken to 
include the building, machinery, apparatus, and other equipment and 
appurtenances necessary and essential in the work of pasteurizing 
milk or milk products, tanks and other equipment essential to the 
storing or handling of the milk being held for pasteurization, the 
equipment, machinery, apparatus and appurtenances for cooling the 
milk and milk products, and placing the milk and milk products in 
bottles or other suitable containers, and storing such bottles and 
containers following pasteurization. 
(h) “Minimum Requirements” means the code formulated by 
the Director for interpretation and enforcement of this Act. 
S.H.A. 56% § 115; J.A. 53.176. 
116. Certificate of approval—Annual application for.] 
§ 2. Any person operating a pasteurization plant who distributes, 
delivers or sells pasteurized milk or pasteurized milk products for 
consumption in the State of Illinois shall annually make application 
to the Department for a Certificate of Approval. 
S.H.A. 56% § 116; J.A. 53.177. 
117. Certificate of approval—Application before engaging 
in business.] § 3. Any person who shall hereafter engage in 
operating a pasteurization plant for the purpose of distributing, 
delivering, or selling pasteurized milk or pasteurized milk products 
for consumption in the State of Illinois, shall before engaging in such 
business make application to the Department for a Certificate of 
Approval. 
S.H.A. 56% § 117; J.A. 53.178. 
118. Issuance of certificate.] § 4. Upon receipt of such ap- 
plication, the Department shall make an inspection of said pasteuri- 
zation plant and in the event that the plant, equipment and methods 
of operation are found to comply with the provisions of this Act, 
the Director shall issue a Certificate of Approval upon payment of 
the required fee as herein provided. 
S.H.A. 56% § 118; J.A. 53.179. 70 
PUBLIC HEALTH LAWS 
119. Submission of plans and specifications for remodeling 
plant.] § 5. Any person contemplating the construction or re- 
modeling of a pasteurization plant for which a Certificate of Approval 
is required by this Act shall submit plans, specifications and informa- 
tion relative thereto to the Department for review. The Director 
shall review such plans, specifications and information and shall 
advise in writing whether or not such proposed construction or re- 
modeling complies with requirements of this Act. 
S.H.A. 56y2 § 119; J.A. 53.180. 
120. Inspection and samples.] § 6. Any person, operating a 
pasteurization plant or having made application for a Certificate of 
Approval for the operation of a pasteurization plant shall at any 
time allow the Department to inspect such plant and to take such 
samples as may be deemed necessary by said Department. 
S.H.A. 56% § 120; J.A. 53.181. 
121. Labels.] § 7. All bottles, cans, packages and other con- 
tainers enclosing milk or any milk product defined in this Act shall 
be plainly labeled or marked with (a) the name of the contents as 
given in the definitions in this Act; (b) the word “pasteurized” 
only in the event the contents have been pasteurized or heated within 
the scope of this Act; (c) the name and post office address of the 
plant in which the contents were pasteurized. 
S.H.A. 56% § 121; J.A. 53.182. 
122. Products to be sold in original containers.] § 8. All 
pasteurized milk and milk products shall be placed in their final 
delivery containers in the plant in which they are pasteurized. It 
shall be unlawful for hotels, soda fountains, restaurants, grocery 
stores, milk depots, milk stations and similar establishments to sell 
or serve any pasteurized milk or milk product except in the original 
container in which it was placed at the point of pasteurization, pro- 
vided that this requirement shall not apply to milk or milk products 
consumed on the premises which may be served from the original 
container or from a dispenser approved by the Department for such 
service. The sale or distribution of bulk, loose or dipped pasteurized 
milk or milk which has been heated within the purview of this Act is 
hereby prohibited. 
S.H.A.'56V2 § 122; J.A. 53.183. 
123. Sellers and distributors within act.] § 9. Any per- 
son selling, delivering or distributing milk or milk products in the 
State of Illinois who shall heat milk or milk products or subject milk 
or milk products to other treatment in an effort to make the milk or 
milk products safe for human consumption or to preserve its keeping 
qualities shall comply with the provisions of this Act. 
S.H.A. 56% § 123; J.A.'53.184. 
124. Pasteurization of milk to comply with act.] § 10. No 
person shall sell, deliver or distribute any milk or milk products 
which have been heated or subjected to any other treatment in an 
effort to make the milk or milk products safe for human consumption PASTEURIZATION PLANTS 
71 
or to preserve its keeping qualities unless such milk or milk products 
have been heated or treated in compliance with the provisions of this 
Act. 
S.H.A. 56% § 124; J.A. 53.185. 
125. Processing to be in compliance with act.] § 11. No 
milk or milk products sold, distributed or delivered in this State shall 
be heated or subjected to any other treatment in an effort to make it 
safe for human consumption or to preserve its keeping qualities unless 
such milk or milk products are processed in compliance with the pro- 
visions of this Act. 
S.H.A. 56% § 125; J.A. 53.186. 
126. Representations that products have been pasteurized.] 
§ 12. No person selling, delivering or distributing milk or milk 
products shall sell or offer for sale milk or milk products with any 
word or words stating or indicating that the milk or milk products 
are pasteurized nor shall they indicate by any other means that the 
milk or milk products were pasteurized until the Department has 
issued a Certificate of Approval for the pasteurization plant in which 
the milk or milk products were pasteurized. 
S.H.A. 56% § 126; J.A. 53.187. 
127. Sales after revocation of certificate prohibited.] 
§ 13. The sale or distribution of milk from a plant, the Certificate of 
Approval of which has been revoked is herebv prohibited. 
S.H.A. 56% § 127; J.A. 53.188. 
128. Fees for certificate or renewal thereof.] § 14. The 
Certificate of Approval fee shall be ten dollars ($10.00). Unless sus- 
pended or revoked by the Department, a certificate shall be good until 
January first of the year following the date of its issue, and subject 
to annual renewal upon payment of renewal fee of ten dollars 
($10.00). Such renewal being subject to approval on reinspection or 
on information submitted by the owner or operator of a plant in 
answer to questions sent to the owner or operator by the Department, 
or both. 
S.H.A. 56% § 128; J.A. 53.189. 
129. Requirements as to construction, equipment, etc., of 
plant.] § 15. Any pasteurization plant coming under the provi- 
sions of this Act shall conform with all the following items of con- 
struction, equipment, maintenance and operation and in accordance 
with minimum requirements adopted by the Director for interpreta- 
tion and enforcement of this Act. 
Item 1. The floors of all rooms in which milk or milk products 
are handled or stored shall be constructed of concrete or other equally 
impervious and easily cleaned material and shall be smooth, properly 
drained, provided with trapped drains, and kept clean. 
Item 2. Walls and ceilings of rooms in which milk or milk 
products are handled or stored shall have a smooth, washable, light- 
colored surface and be kept clean. Ceilings shall have a minimum 
height of ten (10) feet. 72 
PUBLIC HEALTH LAWS 
Item 3. All openings into the outer air shall be effectively 
screened to prevent the access of flies. Doors shall be self-closing. 
Item 4. All rooms shall be well lighted and ventilated. 
Item 5. The various milk-plant operations shall be so located 
and conducted as to prevent any contamination of the milk or of the 
cleaned equipment. Pasteurized milk or pasteurized milk products 
shall not be permitted to come in contact with equipment with which 
unpasteurized milk or milk products have been in contact. 
6. Every milk plant shall be provided with toilet facilities. 
There shall be at least one room or vestibule not used for milk pur- 
poses between the toilet room and any room in which milk or milk 
products, equipment or containers are handled or stored. 
Item 7. The water supply shall be easily accessible, adequate and 
of a safe, sanitary quality. 
Item 8. Convenient hand-washing facilities shall be provided, 
including warm running water, soap and sanitary towels. 
Item 9. Only “sanitary milk piping” of a type which can be 
easily cleaned with a brush shall be used. 
Item 10. All multi-use containers and equipment with which 
milk or milk products come in contact shall be constructed in such 
manner as to be easily cleaned and shall be kept in good repair. Single 
service containers, caps, gaskets and similar articles shall be manu- 
factured and transported in a sanitary manner. 
Item 11. All wastes shall be disposed of in conformity with the 
requirements of the Department. 
Item 12. All milk and milk products containers and equipment 
shall be thoroughly cleaned after each usage. All multi-use containers 
shall be subjected to an approved bactericidal process after each clean- 
ing and all equipment immediately before each usage. When empty 
and before being returned to a producer by a milk plant, each con- 
tainer shall be effectively cleaned and subjected to bactericidal treat- 
ment. 
Item 13. After bactericidal treatment, all bottles, cans, and 
other milk or milk products containers shall be stored in such manner 
as to be protected from contamination. 
Item 14. Between bactericidal treatment and usage, containers 
and apparatus shall not be handled in such manner as to permit any 
part of the person or clothing to come in contact with any surface 
with which milk or milk products come in contact. 
Item 15. Milk bottle caps and parchment paper for milk cans 
shall be purchased and stored only in sanitary tubes and cartons 
respectively, and shall be kept therein until used. 
Item 16. Pasteurization shall be performed as described in Sec- 
tion 1 of this Act.1 All pasteurizers shall be equipped with such 
temperature indicating and recording instruments and such accessory 
equipment as may be specified in the minimum requirements. 
Item 17. All milk received for pasteurization but not pasteurized 
within two hours after it is received at the plant shall then be im- 
mediately cooled in equipment approved by the Department to a 
1 Section 115 of this chapter. PLANT EMPLOYES 
73 
temperature of 50° F., or less and maintained thereat until pasteur- 
ized ; and all pasteurized milk and milk products shall be immediately 
cooled to an average temperature of 50° F., or less, and maintained 
thereat until delivery. 
Item 18. Bottling or packaging of milk and milk products shall 
be done at the place of pasteurization by approved mechanical equip- 
ment. 
Item 19. Overflow milk or milk products shall not be sold for 
human consumption. 
Item 20. Capping of milk and milk products shall be done by 
automatic machinery approved by the Department. Hand capping 
is prohibited. 
Item 21. Every person connected with a pasteurization plant 
whose work brings him in contact with the production, handling, 
storage, or transporation of milk, milk products, containers or equip- 
ment, shall furnish such information, permit such physical examina- 
tions, and submit such laboratory specimens as the Department may 
require for the purpose of determining freedom from infection. 
Item 22. All persons coming in contact with milk, milk products, 
containers, or equipment shall wear clean outer garments and shall 
keep their hands clean at all times while thus engaged. 
Item 23. All vehicles used for the transportation of pasteurized 
milk or milk products shall be so constructed and operated as to pro- 
tect the milk or milk products from the sun and from contamination. 
Such vehicles shall be kept clean. The immediate surroundings of 
the milk plant shall be kept in a neat, clean, condition. 
S.H.A. 56V2 § 129; J.A. 53.190. 
130. Denial or revocation of certificate—grounds—hear- 
ing.] § 16. The Department may either refuse to issue, or may re- 
fuse to renew, or may suspend, or may revoke any certificate of Ap- 
proval because of the violation of any of the provisions of this Act 
or for any of the following causes: 
(a) Insanitary conditions of plant surroundings within the con- 
trol of the plant management, insanitary methods of handling milk, 
milk products or milk containers or equipment. 
(b) Employment of careless, indifferent and inefficient personnel. 
(c) Violation of any of the provisions of this Act or of the 
minimum requirement for interpretation and enforcement of the Act. 
(d) Failure to display Certificate of Approval to the public 
at all times when such Certificate of Approval has been issued as 
provided in this Act. 
(e) Displaying to the public any Certificate of Approval which 
has been suspended or revoked or which has expired. 
The Department shall, before refusing to issue, suspending or 
revoking any Certificate, at least ten (10) days prior to date set for 
hearing, notify in writing the applicant or holder of such certificate 
of any charges made and shall afford such accused person an oppor- 
tunity to be heard in person or by counsel in reference thereto. Such 
written notice may be served by delivery of the same personally to 
the accused person, or by registered mail to the place of business of 74 
PUBLIC HEALTH LAWS 
the accused last theretofore known to the Department. At the time and 
place fixed in the notice, the Department shall proceed to hearing of 
the charges and the accused shall be accorded ample opportunity to 
present in person or by counsel, such statements testimony, evi- 
dence and argument as may be pertinent to the charges or to any 
defense thereto. 
At any time after suspension or revocation of any Certificate, the 
Department may restore it to the accused if the Department is satisfied 
that the accused will comply with the provisions of the Act. 
S.H.A. 56% § 130; J.A. 53.19L 
131. Review—proceedings for.] § 17. Any order or decision 
made, issued or executed by the director in connection with the refusal 
to issue or renew suspension or revocation of a certificate of Approval 
whereby any person or company deems himself or it to be aggrieved, 
shall be subject to review by the Circuit Court of Sangamon County. 
A petition for the review of the action of the Director objected to by 
such person or company shall be filed within thirty (30) days from 
the date of the service of a copy of the order or decision made by the 
Director upon such person or company. A copy of such petition for 
review as filed with and certified to by the clerk of such court shall 
be served upon the director within five (5) days after the filing 
thereof. If such petition for review is not filed within said thirty 
(30) days the parties aggrieved shall be deemed to have waived the 
right to have the order or decision reviewed. 
The Director shall within ten (10) days, unless the time be 
extended by order of court, after the service of the copy of the peti- 
tion for review upon him, prepare and file with the clerk of said 
court a complete transcript of the record of the hearing, if any had 
before him, and a true copy of the order or decision, and certify to 
the same. The order or decision of the director shall be deemed prima 
facie to be correct and the cause shall be heard by the court as a civil 
case upon such transcript of the record. Merely technical irregularities 
in the procedure of the Director shall be disregarded and the burden 
of proof of questions in controversy shall rest upon the petitioner. 
The said court shall have jurisdiction to affirm or set aside the 
order or decision of the director and to restrain the enforcement 
thereof. 
Appeals from all final orders and judgments entered by the said 
court in reviewing the order and decision of Director may be taken 
by any party to the action as in other ciidl cases. 
The commencement of proceedings to review the action of the 
Director under the provisions of this section shall not act as a stay 
of the Director’s order or decision unless so ordered by the court 
upon due notice to the Director. 
S.H.A. 56y2 § 131; J.A. 53.192. 
132. Penalties.] § 18. Any person violating any of the pro- 
visions of this Act shall be guilty of a misdemeanor and on conviction 
thereof shall be punished by a fine of not more than one-hundred 
dollars ($100.00) for each day such violation continues or imprison- GRADE A MILK 
75 
ment in the county jail for not more than one year or both such fine 
and imprisonment. 
S.H.A. 56% § 132; J.A. 53.193. 
133. Application of act.] § 19. Nothing in this Act shall im- 
pair or abridge the power of any city, village or incorporated town to 
regulate the handling, processing, labeling, sale or distribution of 
pasteurized milk and pasteurized milk products, provided that such 
regulation1 not permit any person to violate any of the provisions of 
this Act. 
S.H.A. 56% § 133; J.A. 53.194. 
1 So in original. Word “does” probably should be inserted. 
134. Repeal.] § 20. The Act entitled “An Act in relation to 
the pasteurization of milk”, approved June 30, 1925, as amended 
June 29, 1935,1 is hereby repealed. 
S.H.A. 56% § 134; J.A. 53.195. 
1 Sections 101-114 of this chapter. 
GRADED MILK AND PRODUCTS 
An Act in relation to Grade A Milk and Grade A Milk Products. 
Approved July 19, 1939. L. 1939, p. 667, S. B. No. 287. 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
135. Terms defined.] § 1. For the purposes of this Act; 
“Grade A Milk” means unpasteurized milk, the average bacterial 
plate count of which does not exceed 50,000 per cubic centimeter and 
the average reduction time of which is not less than eight hours, and 
cream, the average bacterial plate count of which does not exceed 
100,000 and which is produced upon dairy farms conforming with 
all of the provisions for sanitation set forth in this Act and the mini- 
mum requirements adopted by the Director for the interpretation and 
enforcement of this Act. 
“Grade A Milk Products” means milk products as such products 
are herein defined, manufactured entirely from Grade A. Milk. 
“Grade A Pasteurized Milk” means milk pasteurized in accord- 
ance with the provisions of “An Act in relation to the Pasteurization 
of Milk,” approved June 30, 1925, as amended,1 the average bacterial 
plate count of which prior to pasteurization does not exceed 200,000 
per cubic centimeter and the average reduction time of which is not 
less than six hours and the average bacterial plate count of which, 
after pasteurization and until delivery, does not exceed 30,000 per 
cubic centimeter, and cream the average bacterial plate count of which 
does not exceed 60,000 and which is produced upon dairy farms con- 
forming with all of the provisions for sanitation set forth in this Act 
and the minimum requirements adopted by the Director for the inter- 
pretation and enforcement of this Act. 
“Grade A Pasteurized Milk Products”, means products manu- 
factured entirely from Grade A Pasteurized Milk. 76 
PUBLIC HEALTH LAWS 
“Department” means the Department of Public Health. 
“Director” means the Director of the Department of Public 
Health. 
“Milk Products” means and includes milk, cream, skimmed milk, 
milk or skimmed milk beverage, buttermilk, cultured buttermilk, vita- 
min D milk, homogenized milk, soft-curd milk, breed milk, evaporated 
milk, condensed milk, dried milk, butter, cheese, ice cream or other 
products used for human consumption, the base of which is milk or 
a derivative of milk. 
“Distributor” means any person who bottles, packages, processes, 
manufactures or otherwise prepares milk or milk products for dis- 
tribution or market under a Grade A label or designation. 
“Dairy Plant” means any place, premises or establishment where 
milk or milk products are collected, handled, processed, stored, bot- 
tled, packaged, pasteurized or prepared for sale or distribution. 
“Dairy” or “Dairy Farm” means any place or premises where 
one or more milking animals are kept, a part or all of the milk or milk 
products from which is distributed, delivered, sold or offered for sale 
under the provisions of this Act. 
“Animals” means cows. 
“Pasteurize”, “Pasteurized”, and “Pasteurization” shall have 
the meaning that is given to such words in “An Act in relation to 
the Pasteurization of Milk,” approved June 30, 1925, as amended.1 
“Average Bacterial Plate Count” means the average bacterial 
plate count of the last four consecutive samples, taken not less fre- 
quently than at monthly intervals. 
“Average reduction time” means the arithmetic average of the 
reduction times by the standard methylene test of the last four con- 
secutive samples taken not less frequently than at monthlv intervals. 
S.H.A. 56y2 § 135; J.A. 53.196. 
136. Requirements for sale.] § 2. No Grade A Milk or Grade 
A Milk products, for human consumption, shall be sold, offered for 
sale or otherwise disposed of unless: 
(a) such milk is produced by animals which are tested and con- 
trolled for tuberculosis and other infectious or communicable diseases, 
in accordance with provisions of any laws of this State relating thereto 
and any regulations issued pursuant to the provisions of any such 
laws; 
(b) the dairy farm where Grade A milk is produced is equipped 
with a dairy or milking barn. 
S.H.A. 56V2 § 136; J.A. 53.197. 
137. Dairy barns, construction, lighting and sanitation.] 
§ 3. Every dairy barn or milking barn required by this Act shall be: 
(a) well-lighted and provided with windows so arranged that 
the light will be well distributed; 
(b) equipped with artificial light adequate for night milking; 
(c) well-ventilated; 
(d) so constructed and arranged as to prevent overcrowding of 
the animals; 
1 Sections 101-113 of this chapter. DAIRIES AND YARDS 
77 
(e) equipped with floors and gutters constructed of concrete 
or other hard-surfaced material, graded to drain; 
(f) provided with walls and ceiling finished in a light color 
and kept clean and in good repair; and 
(g) so constructed that the milking section thereof is kept 
reasonably free from dust at milking times. 
S.H.A. 56y2 § 137; J.A. 53.198. 
138. Dairies—yards, milk houses, etc.] § 4. No milk shall 
be sold, offered for sale or otherwise disposed of as Grade A Milk 
unless such milk is produced at a dairy which: 
(a) has well-graded and clean cow yards; 
(b) excludes farm animals, other than cows, from that section 
of the dairy barn used for milking; 
(c) has all manure removed from its milking barn and such 
manure disposed of in such manner as to prevent the breeding of 
flies therein and the access of cows to piles thereof; 
(d) is provided with a milk house or milk room for the cooling, 
handling and storage of milk and care of milk apparatus and utensils; 
(e) is provided with one or more sanitary toilets conveniently 
located for farm personnel and properly constructed, operated and 
maintained so that the waste thereof is not accessible to flies or rodents 
and does not contaminate any water supply. 
S.H.A. 56y2 § 138; J.A. 53.199. 
139. Milk houses, construction, entrances.] § 5. Milk 
houses or milk rooms, required under the provisions of this Act shall: 
(a) have clean floors, walls and ceilings, of such construction 
as to permit their being easily cleaned; 
(b) be well-lighted and well-ventilated; 
(c) be kept free from flies; and 
(d) be so constructed that there are no entrances to them from 
any barn or from any room used for domestic purposes; 
S.H.A. § 139; J.A. 53.200. 
140. Water supply.] § 6. The water supply of every milk 
house or milk room and of every dairy barn, required by this Act, 
shall be readily accessible and of a sanitary quality. 
S.H.A. 56i/6 § 140; J.A. 53.201. 
141. Utensils and containers.] § 7. All utensils or containers 
used in connection with the handling, storage or transportation of 
Grade A Milk or Grade A Milk products shall be: 
(a) suitable and of such construction as to be easily cleaned; 
(b) kept in good repair; 
(c) cleaned after each usage; 
(d) treated with steam, hot water or chlorine solution immedi- 
ately before each usage; 
(e) handled, after being treated in the manner prescribed in 
paragraph (d) of this section, in such manner as to prevent their con- 
tamination from any person or his clothing; and 
(f) stored, so as to prevent their contamination, between each 
usage, 
S.H.A. 56y2 § 141; J.A. 53.202. 78 
PUBLIC HEALTH LAWS 
142. Milking animals to be clean.] § 8. The milking animals 
of any producer of milk, from which Grade A Milk is produced, shall 
have: 
(a) clean udders and teats at the time they are milked; and 
(b) their flanks, bellies and tails free from visible dirt at the 
time they are milked. 
S.H.A. 56% § 142; J.A. 53.203. 
143. Milkers and methods of milking—cleanliness.] § 9. 
Milkers of animals producing Grade A Milk, shall: 
(a) have clean hands at the time of milking; 
(b) not milk animals by the wet-hand method; 
(c) wear clean outer garments; and 
(d) use only clean milking stools. 
S.H.A. 56y2 § 143; J.A. 53.204. 
144. Milk not to be strained in barn.] § 10. No Grade A 
Milk shall be strained in a dairy barn. 
S.H.A. 56% § 144; J.A. 53.205. 
145. Temperature of milk.] § 11. All Grade A Milk shall be 
cooled immediately after the completion of the milking thereof and 
thereafter maintained at a temperature which will inhibit bacterial 
development. 
S.H.A. 56% § 145; J.A. 53.206. 
146. Bottles—machines for bottling and capping.] § 12. 
Grade A Milk and Grade A Milk products shall only be bottled from 
containers equipped with readily cleanable valves, or by means of 
such bottling and capping machines as may be approved by the De- 
partment. When bottling and capping machines are used, they shall 
be cleaned and subjected to bactericidal treatment before each usage. 
Caps used in connection with any such bottling, shall be purchased in 
sanitary containers and kept therein in a clean, dry place until used. 
All Grade A Milk and products thereof, sold for human consumption 
in an unpasteurized state, shall be placed in final delivery containers 
at the dairies at which they are produced. 
S.H.A. 56% § 146; J.A. 53.207. 
147. Employees—physical examination as to infectious or 
communicable diseases.] § 13. Every person, employed in or about 
a dairy or dairy plant whose employment brings him in contact with 
the production, handling, storage or transportation of Grade A Milk 
or its products or containers or equipment used in connection with 
such milk and its products, shall furnish such information, submit to 
such physical examinations and permit the taking of such laboratory 
specimens as the Director may require for the purpose of ascertaining 
whether or not he is free from infectious or communicable diseases. 
S.H.A. 56% § 147; J.A. 53.208. 
148. Labels.] § 14. All bottles, cans, packages and other con- 
tainers of Grade A Milk or Grade A Milk products shall be plainly 
labeled or marked with: 
(a) the name of its contents as such contents are defined in Sec- 
tion 1 of this Act j1 
1 Section 135 of this chapter. GARBAGE DISPOSAL 
79 
(b) the grade of its contents, if such contents are graded under 
the provisions of this Act; 
(c) the name and post office address of the distributor; 
(d) the word “pasteurized” only if its contents have been pas- 
teurized; and 
(e) the name and post office address of the plant at which the 
contents were pasteurized, if the contents are pasteurized. 
S.H.A. 56y2 § 148; J.A. 53.209. 
149. Milk or products not to be labeled grade “a,” when.] 
§ 15. No pasteurized or unpasteurized milk or milk products, pro- 
duced, handled, stored, distributed, sold or delivered within the State 
by any person, shall carry a label, device or design nor shall it be 
otherwise indicated that milk or milk products are Grade “A” unless 
such milk or milk products conform to the provisions of this Act, and 
the minimum requirements adopted by the Director for the interpre- 
tation and enforcement of this Act. No person shall mark, label, ad- 
vertise or otherwise represent by any means whatever, that milk or 
milk products are Grade A pasteurized or Grade A milk or milk prod- 
ucts when such milk or milk products have not been produced, handled, 
processed or sold in conformity with the provisions of this Act, and 
the minimum requirements adopted by the Director. 
S.H.A. 56y2 § 149; J.A. 53.210. 
150. Director to formulate and publish minimum require- 
ments.] § 16. The Director shall formulate, promulgate and adopt 
and publish such minimum requirements for the interpretation and 
enforcement of this Act as may be necessary. 
S.H.A. 56y2 § 150; J.A. 53.211. 
151. Penalty.] § 17. Any violations of the provisions of sec- 
tion 15 of this Act1 shall constitute a misdemeanor and shall be pun- 
ishable by a fine of not more than one hundred dollars ($100.00) or 
imprisonment in the county jail for a term not to exceed one year, 
or both such fine and imprisonment in the discretion of the court. 
Each day’s violation of any of the provisions of this Act shall con- 
stitute a separate offense. 
S.H.A. 56% § 151; J.A. 53.212. 
GARBAGE 
A—Cities Over 500,000 
Chapter 24—An Act to authorize cities of a certain class to 
make contracts for a period exceeding one year relating to col- 
lection and final disposition of garbage and ashes. (Approved 
March 30, 1897, L. 1897, p. 95; title as amended by act approved 
July 10, 1935. L. 1935, p. 301.) 
643— Cities over five hundred thousand may contract for limited 
period. 
644— Duty to make annual appropriation. 
1 Section 149 of this Chapter. 80 
PUBLIC HEALTH LAWS 
B—Cities Less Than 500,000 
Chapter 24—An Act to authorize cities and villages having 
a population of less than 500,000 to levy a tax for the purpose of 
collecting and disposing of garbage. (Approved June 25, 1915. 
L. 1915, p. 285; title as amended by act approved February 21, 
1931. L. 1931, p. 232.) 
645—May establish and maintain garbage plants—Tax. 
C—Cities and Villages 
Chapter 24—An Act to provide for the incorporation of 
cities and villages. (Approved April 10, 1872. L. 1871-2, p. 
218.) 
65.14—Care of streets, etc. 
D—Criminal Code 
Chapter 38—An Act to revise the law in relation to criminal 
jurisprudence. (Approved March 27, 1874, R. S. 1874, p. 348.) 
466a—Dumping garbage. 
467 —Punishment. 
E—Roads and Bridges 
Chapter 121—An Act to revise the law in relation to roads 
and bridges. (Approved June 27, 1913. L. 1913, p. 520.) 
156—Depositing in road, weeds, garbage, etc. 
1—Cities and Villages 
NUISANCES 
Chapter 24—An Act to provide for the incorporation of cities 
and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.74—Nuisances, abatement of, etc. 
65.14—Care of streets, etc. 
2—Criminal Code (See page 167.) 
Chapter 38—Act to March 27, 1874 
466 —Enumeration (of nuisances). 
466a—Dumping garbage. 
467 —Punishment. 
3—State Militia 
Chapter 129—An Act to establish a military and naval code 
for the State of Illinois, and to repeal all acts in conflict herewith. 
(Approved June 10, 1909. L. 1909, p. 437.) 
57—May abate nuisance near training camp. 
Penalty for failure to comply with order. 
4—Foods 
Chapter 56%—An Act to prevent the preparation, manufac- 
ture, packing, storing, or distributing of food intended for sale, 
or sale of food, under insanitary, unhealthful or unclean condi- 
tions or surroundings, to create a sanitary inspection, to declare SWIMMING POOLS 
81 
that such conditions shall constitute a nuisance, and to provide 
for the enforcement thereof. (Approved June 5, 1911. L. 1911, 
p. 528.) 
72—What declared a nuisance. 
78— Fines—prosecution. 
79— Penalties. 
SWIMMING POOLS 
An Act for the sanitary control of swimming pools. [Approved July 
8, 1931. L. 1931, p. 735.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
88. Swimming pool defined.] § 1. Swimming pool as used 
in this Act shall mean an artificial pool of water and auxiliary struc- 
tures including dressing and locker rooms, toilets, showers and other 
areas and enclosures that are intended for the use of persons using 
the pool but shall not include pools and auxiliary structures and equip- 
ment at private residences intended only for the use of the owner and 
friends. 
S.H.A. 111% § 88; J.A. 58.52. 
89. Sanitary requirements to be adopted.] § 2. The State 
Department of Public Health shall prepare, adopt and have printed 
minimum sanitary requirements for the design, construction, equip- 
ment and operation of swimming pools. 
S.H.A. 111% § 89; J.A. 58.53. 
90. Permit required for construction.] § 3. No swimming 
pool shall be constructed after Oct. 1, 1931 unless and until plans, 
specifications and any additional information relative to such pool 
as may be requested by the State Department of Public Health shall 
have been submitted to said department and after review by said 
department found to comply with the minimum sanitary requirements 
provided in Section 2 of this Act and a permit for the construction 
of the pool issued by said department. 
S.H.A. 111% § 90; J.A. 58.54. 
91. Equipment and operation must comply with sanitary re- 
quirements.] § 4. After Oct. 1, 1931 swimming pools shall have 
equipment and shall be operated so as to comply with the minimum 
sanitary requirements provided in Section 2 of this Act. Swimming 
pools constructed prior to Oct. 1, 1931, which do not fully comply 
with the minimum sanitary requirements as regards design and con- 
struction may be continued in use for such period as the State De- 
partment of Public Health may authorize, provided the equipment 
and operation of such swimming pool comply with the minimum sani- 
tary requirements. 
S.H.A. 111% § 91; J.A. 58.55. 
92. Operation and analytical records submitted to depart- 
ment of public health.] § 5, The owners and/or operators of 
swimming pools shall submit such operation and analytical records 82 
PUBLIC HEALTH LAWS 
as may be requested by the State Department of Public Health to 
determine the sanitary condition of the swimming pool. 
S.H.A. lliy2 § 92; J.A. 58.56. 
93. Violation of act—pool may be closed.] § 6. Whenever 
any duly authorized representative of the State Department of Public 
Health shall find that a swimming pool is being constructed, equipped 
or operated in violation of any of the provisions of this Act, the said 
department may grant such time as in its opinion may reasonably be 
necessary for changing the construction or providing equipment for 
operating the swimming pool to meet the provisions of this Act. If 
and when the duly authorized representative of the State Department 
of Public Health upon inspection and investigation of a swimming 
pool considers that the conditions are such as to warrant prompt clos- 
ing of such swimming pool until the provisions of this Act are com- 
plied with, he shall notify the owner and/or operator of said swim- 
ming pool to prohibit any person from using said swimming pool and 
upon such notification to the sheriff and State’s attorney of the county 
in which such pool is located, it shall be the duty of said State’s at- 
torney and sheriff to see that the notice of said representative of the 
State Department of Public Health shall be enforced. If and when 
the owner or operator of said pool, has in the opinion of the State De- 
partment of Public Health, met the provisions of this Act the said 
department may in writing authorize the use again of said swimming 
pool. 
S.H.A. lliy2 § 93; J.A. 58.57. 
94. Upon failure to comply with act, pool declared nuis- 
ance.] § 7. Any owner and/or operator of a swimming pool failing 
to comply with any provisions of this Act shall be guilty of maintain- 
ing a public nuisance and it shall be the duty of the State’s attorney 
of the county in which such swimming pool is located and/or the At- 
torney General in the name of the people of the State of Illinois to 
act as provided by law for the abatement of public nuisances. 
S.H.A. lliy2 § 94; J.A. 58.58. 
2—Cities and Villages 
Chapter 24—An Act authorizing cities, villages, incorporated 
towns or park districts to construct and operate a natatorium or 
swimming pool, to charge for the use of the same, and to provide 
for the cost thereof by issuing bonds payable solely from revenue 
derived from the operation thereof, and to repeal an Act herein 
named. (Approved and in force February 20, 1935. L. 1935, 
p. 507.) 
563 k —Terms defined. 
563 1 —Natatoriums authorized in municipalities and park dis- 
tricts of less than 500,000. 
563 m—Acquisition of necessary property. 
563 n —Issuance of bonds. 
563 o —Ordinance—Publication—Referendum upon petition. 
563 p —Bonds payable from revenues from natatorium—Interest. 
563 q —Revenue from operation of natatorium. 
563 r —Charge for use—Accounts. 
563 s —Proceeding to compel compliance. MOSQUITO ABATEMENT 
83 
Chapter 24—An Act to provide for the incorporation of cities 
and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.81—Regulation of garages, stables, bathing beaches, etc. 
ABSTRACT OF MOSQUITO-ABATEMENT-DISTRICT LAW 
Any contiguous territory having a population of not less than 
three hundred inhabitants* **may be organized as a mosquito abate- 
ment district in the following manner: 
Any five per cent of the legal voters within the limits of the 
proposed***district may petition the county judge***to cause the 
question whether such territory shall be organized as a mosquito 
abatement district* **to be submitted to the legal voters of such 
territory***. 
Upon the filing of such petition***the county judge***shall give 
notice of the time and place of a hearing on the question of the neces- 
sity for the organization of such district and the boundaries of such 
distriet.***The hearing shall be held within twenty days after the 
petition is filed***. 
***After hearing the statements, evidence and suggestions if the 
county judge determines that considerations of public health and 
welfare make the organization of such district necessary he shall fix 
the boundaries of the proposed mosquito abatement district***. 
Thereupon the county judge shall submit the question of the 
organization of***a mosquito abatement district to the legal voters 
***at an election to be held within thirty days after the entry of such 
determination upon the records of the county court***. 
If a majority of the votes cast on the question are in favor of*** 
a mosquito abatement district such territory shall thenceforth be 
deemed an organized mosquito abatement district under this Act***. 
Within ten days after the organization of any mosquito abate- 
ment district***the county judge shall appoint a board of trustees, 
consisting of five members, for the government and control of the*** 
district***. 
The board of trustees***shall have power to take all necessary 
or proper steps for the extermination of mosquitoes, flies or other 
insects within the district, and subject to the paramount control of 
the municipal or other public authorities, to abate as nuisances all 
stagnant pools of water and other breeding places for mosquitoes, 
flies or other insects within the district; to purchase such supplies and 
materials and to employ such labor and assistants as may be necessary 
or proper in furtherance of the objects of this Act***. 
The board of trustees***shall in its work, advise and cooperate 
with the Department of Public Health of the State***. 
Any mosquito abatement district***may levy and collect a general 
tax***,but the aggregate amount of taxes levied for any one year shall 
not exceed the rate of one-half of one mill on each dollar of taxable 
property***. 
***and in the same manner as nearly as practicable as taxes are 
now levied for city and village purposes under the laws of this State. 84 
PUBLIC HEALTH LAWS 
All such general taxes when collected shall be paid to the treas- 
urer of the board of trustees who is authorized to receive and receipt 
for the same***. 
Any mosquito abatement district organized under the provisions 
of this Act may be dissolved and discontinued upon like petition, 
hearing and election as is provided in this Act for the organization 
of such district***. 
S.H.A. lliy2 § 74. 
OHIO RIVER VALLEY WATER SANITATION 
An Act approving, ratifying and enacting into law the Ohio River 
Valley Water Sanitation Compact for the prevention, abatement 
and control of pollution of the rivers, streams and waters in the 
Ohio River drainage basin and making the State of Illinois a 
party thereto; creating the Ohio River Valley Water Sanitation 
Commission; providing for the members of such Commission from 
the State of Illinois; and providing for the carrying out of said 
Compact. Approved July 22, 1939. L. 1939, p. 310, H. B. No. 
891. 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
117. Ohio river valley water sanitation compact.] § 1. The 
following Ohio River Valley Water Sanitation Compact, which has 
been negotiated by representatives of the States of Illinois, Indiana, 
Kentucky, New York, Ohio, Pennsylvania, Tennessee and West Vir- 
ginia, is hereby approved, ratified, adopted, enacted into law, and en- 
tered into by the State of Illinois as a party thereto and signatory 
state, namely: 
OHIO RIVER VALLEY WATER SANITATION COMPACT 
WHEREAS, a substantial part of the territory of each of the 
signatory states is situated within the drainage basin of the Ohio 
River; and 
WHEREAS, the rapid increase in the population of the various 
metropolitan areas situated within the Ohio drainage basin, and the 
growth in industrial trial activity within that area, have resulted in 
recent years in an increasingly serious pollution of the waters and 
streams within the said drainage basin, constituting a grave menace 
to the health, welfare and recreational facilities of the people living 
in such basin, and occasioning great economic loss; and 
WHEREAS, the control of future pollution and the abatement 
of existing pollution in the waters of said basin are of prime impor- 
tance to the people thereof, and can best be accomplished through the 
cooperation of the states situated therein, by and through a joint or 
common agency; 
NOW, THEREFORE, The states of Illinois, Indiana, Kentucky, 
New York, Ohio, Pennsylvania, Tennessee and West Virginia do here- 
by covenant and agree as follows: OHIO RIVER CONTROL 
85 
ARTICLE I 
Each of the signatory states pledges to each of the other signatory 
states faithful cooperation in the control of future pollution in and 
abatement of existing pollution from the rivers, streams and waters in 
the Ohio River basin which flow through, into or border upon any of 
such signatory states, and in order to etfect such object, agrees to 
enact any necessary legislation to enable each such state to place and 
maintain the waters of said basin in a satisfactory sanitary condition, 
available for safe and satisfactory use as public and industrial water 
supplies after reasonable treatment, suitable for recreational usage, 
capable of maintaining fish and other aquatic life, free from unsightly 
or malodorous nuisances due to floating solids or sludge deposits, and 
adaptable to such other uses as may be legitimate. 
ARTICLE II 
The signatory states hereby create a district to be known as the 
“Ohio River Valley Water Sanitation District,” hereinafter called 
the District, which shall embrace all territory within the signatory 
states, the water in which flows ultimately into the Ohio River, or its 
tributaries. 
ARTICLE III 
The signatory states hereby create the “Ohio River Valley Water 
Sanitation Commission,” hereinafter called the Commission, which 
shall be a body corporate, with the powers and duties set forth herein, 
and such additional powers as may be conferred upon it by subsequent 
action of the respective legislatures of the signatory states or by act 
or acts of the Congress of the United States. 
ARTICLE IV 
The Commission shall consist of three commissioners from each 
state, each of whom shall be a citizen of the state from which he is 
appointed, and three commissioners representing the United States 
Government. The commissioners from each state shall be chosen in 
the manner and for the terms provided by the laws of the state from 
which they shall be appointed, and any commissioner may be removed 
or suspended from office as provided by the law of the state from 
which he shall be appointed. The commissioners representing the 
United States shall be appointed by the President of the United States, 
or in such other manner as may be provided by Congress. The com- 
missioners shall serve without compensation, but shall be paid their 
actual expenses incurred in and incident to the performance of their 
duties; but nothing herein shall prevent the appointment of an officer 
or employee of any state or of the United States Government. 86 
PUBLIC HEALTH LAWS 
ARTICLE V. 
The Commission shall elect from its number a chairman and vice- 
chairman, and shall appoint, and at its pleasure remove or discharge, 
such officers and legal, clerical, expert and other assistants as may be 
required to carry the provisions of this compact into effect, and shall 
fix and determine their duties, qualifications and compensations. It 
shall adopt a seal and suitable by-laws, and shall adopt and promul- 
gate rules and regulations for its management and control. It may 
establish and maintain one or more offices within the District for the 
transaction of its business, and may meet at any time or place. One 
or more commissioners from a majority of the member states shall 
constitute a quorum for the transaction of business. 
The Commission shall submit to the Governor of each State, at 
such time as he may request, a budget of its estimated expenditures 
for such period as may be required by the laws of such State for 
presentation to the legislature thereof. 
The Commission shall keep accurate books of account, showing 
in full its receipts and disbursements, and said books of account shall 
be open at any reasonable time to the inspection of such representa- 
tives of the respective signatory States as may be duly constituted for 
that purpose. 
On or before the first day of December of each year, the Com- 
mission shall submit to the respective governors of the signatory 
States a full and complete report of its activities for the preceding 
year. 
The Commission shall not incur any obligations of any kind prior 
to the making of appropriations adequate to meet the same; nor shall 
the Commission pledge the credit of any of the signatory States, 
except by and with the authority of the legislature thereof. 
ARTICLE VI 
It is recognized by the signatory States that no single standard 
for the treatment of sewage or industrial wastes is applicable in all 
parts of the District due to such variable factors as size, flow, location, 
character, self-purification and usage of waters within the District. 
The guiding principle of this compact shall be that pollution by sewage 
or industrial wastes originating within a signatory State shall not 
injuriously affect the various uses of the interstate waters as herein- 
before defined. 
All sewage from municipalities or other political subdivisions, 
public or private institutions, or corporations, discharged or per- 
mitted to flow into these portions of the Ohio River and it tributary 
waters which form boundaries between, or are contiguous to, two or 
more signatory States, or which flow from one signatory State into 
another signatory State, shall be so treated, within a time reasonable 
for the construction of the necessary works, as to provide for sub- 
stantially complete removal of settleable solids, and the removal of 
not less than forty-five percent (45%) of the total suspended solids; 
provided that, in order to protect the public health or to preserve OHIO RIVER POLLUTION 
87 
the waters for other legitimate purposes, including those specified 
in Article I, in specific instances such higher degree of treatment 
shall be used as may be determined to be necessary by the Commis- 
sion after investigation, due notice and hearing. 
All industrial wastes discharged or permitted to flow into the 
aforesaid waters shall be modified or treated, within a time reasonable 
for the construction of the necessary works, in order to protect the 
public health or to preserve the waters for other legitimate purposes, 
including those specified in Article I, to such degree as may be deter- 
mined to be necessary by the Commission after investigation, due 
notice and hearing. 
All sewage or industrial wastes discharged or permitted to flow 
into tributaries of the aforesaid waters situated wholly within one 
State shall be treated to that extent, if any, which may be necessary 
to maintain such waters in a sanitary and satisfactory condition at 
least equal to the condition of the waters of the interstate stream 
immediately above the confluence. 
The Commission is hereby authorized to adopt, prescribe and 
promulgate rules, regulations and standards for administering and 
enforcing the provisions of this Article. 
ARTICLE YII 
Nothing in this compact shall be construed to limit the powers of 
any signatory State, or to repeal or prevent the enactment of any 
legislation or the enforcement of any requirement by any signatory 
State, imposing additional conditions and restrictions to further 
lessen or prevent the pollution of waters within its jurisdiction. 
ARTICLE VIII 
The Commission shall conduct a survey of the territory included 
within the District, shall study the pollution problems of the District, 
and shall make a comprehensive report for the prevention or reduc- 
tion of stream pollution therein. In preparing such report, the Com- 
mission shall confer with any national or regional planning body 
which may be established, and any department of the Federal Govern- 
ment authorized to deal with matters relating to the pollution problems 
of the District. The Commission shall draft and recommend to the 
governors of the various signatory States uniform legislation dealing 
with the pollution of rivers, streams and waters and other pollution 
problems within the District. The Commission shall consult with and 
advise the various States, communities, municipalities, corporations, 
persons, or other entities with regard to particular problems connected 
with the pollution of waters, particularly with regard to the construc- 
tion of plants for the disposal of sewage, industrial and other waste. 
The Commission shall, more than one month prior to any regular 
meeting of the legislature of any State which is a party thereto, pre- 
sent to the Governor of the State its recommendations relating to 
enactments to be made by any legislature in furthering the intents 
and purposes of this compact. 88 
PUBLIC HEALTH LAWS 
ARTICLE IX 
The Commission may from time to time, after investigation and 
after a hearing, issue an order or orders upon any municipality, 
corporation, person, or other entity discharging sewage or industrial 
waste into the Ohio River or any other river, stream or water, any 
part of which constitutes any part of the boundary line between any 
two or more of the signatory states, or into any stream any part of 
which flows from any portion of one signatory State through any 
portion of another signatory State. Any such order or orders may 
prescribe the date on or before which such discharge shall be wholly 
or partially discontinued, modified or treated or otherwise disposed 
of. The Commission shall give reasonable notice of the time and 
place of the hearing to the municipality, corporation or other entity 
against which such order is proposed. No such order shall go into 
effect unless and until it receives the assent of at least a majority of 
the commissioners from each of not less than a majority of the sig- 
natory States; and no such order upon a municipality, corporation, 
person or entity in any State shall go into effect unless and until it 
receives the assent of not less than a majority of the commissioners 
from such State. 
It shall be the duty of the municipality, corporation, person or 
other entity to comply with any such order issued against it or him 
by the Commission, and any court of general jurisdiction or any 
United States district court in any of the signatory States shall have 
the jurisdiction, by mandamus, injunction, specific performance or 
other form of remedy, to enforce any such order against any munici- 
pality, corporation or other entity domiciled or located within such 
State or whose discharge of the waste takes place within or adjoining 
such State, or against any employe, department or subdivision of such 
municipality, corporation, person or other entity; provided, however, 
such court may review the order and affirm, reverse or modify the 
same upon any of the grounds customarily applicable in proceedings 
for court review of administrative decisions. The Commission or, at 
its request, the Attorney General or other law enforcing official, shall 
have power to institute in such court any action for the enforcement 
of such order. 
ARTICLE X 
The signatory States agree to appropriate for the salaries, office 
and other administrative expenses, their proper proportion of the 
annual budget as determined by the Commission and approved by 
the Governors of the signatory States, one-half of such amount to be 
prorated among the several States in proportion to their population 
within the District at the last preceding federal census, the other 
half to be prorated in proportion to their land area within the District. OHIO RIVER COMPACT 
89 
ARTICLE XI 
This compact shall become effective upon ratification by the 
legislatures of a majority of the States located within the District and 
upon approval by the Congress of the United States; and shall be- 
come effective as to any additional States signing thereafter at the 
time of such signing. 
IN WITNESS WHEREOF, The various signatory States have 
executed this compact through their respective compact commissioners. 
S.H.A. lliy2 § 117; J.A. 16.157. 
This Compact was ratified by the State of New York, by Laws 1939, 
ch. 945; by the State of Indiana, by Laws 1939, ch. 35. 
118. Consent that Virginia become a party.] § 2. The State 
of Illinois hereby consents that the State of Virginia may become a 
party to and a signatory State of the aforesaid Compact as fully as 
if it had been expressly named therein. 
S.H.A. lliy2 § 118; J.A. 16.158. 
119. Ohio river valley water sanitation commission—Illi- 
nois members—Terms—Removal.] § 3. In pursuance of Article IV 
of said Compact,1 there shall be three members (hereinafter called 
commissioners) of the Ohio River Valley Water Sanitation Commis- 
sion (hereinafter called Commission) from the State of Illinois. The 
Governor, by and with the advice and consent of the Senate, shall 
appoint two persons as two of such commissioners, each of which 
shall be a resident and citizen of the State of Illinois. The terms of 
one of the said two commissioner first appointed shall be three years 
and of the other shall be six years; and their successors shall be ap- 
pointed by the Governor, by and with the advice and consent of the 
Senate, for terms of six years each. Each commissioner shall hold 
office until his successor shall be appointed and qualified. Vacancies 
occurring in the office of any such commissioner from any reason or 
cause shall be filled by appointment by the Governor, by and with the 
advice and consent of the Senate, for the unexpired term. The third 
commissioner from the State of Illinois shall be the Director of the 
Department of Health, ex-officio, and the term of any such exofficio 
commissioner shall terminate at the time he ceases to hold said office 
of Director of the Department of Health, and his successor as a com- 
missioner shall be his successor as said Director of the Department of 
Health. With the exception of the issuance of any order under the 
provisions of Article IX of the Compact, said ex-officio commissioner 
may delegate, from time to time, to any deputy or other subordinate 
in his department or office the power to be present and participate, 
including voting, as his representative or substitute at any meeting of 
or hearing by or other proceeding of the Commission. The terms of 
each of the initial three members shall begin at the date of the appoint- 
ment of the two appointive commissioners, provided the said Compact 
shall then have gone into effect in accordance with Article XI of the 
Compact; otherwise shall begin upon the date upon which said 
Compact shall become effective in accordance with said Article XI.1 
1 Section 117 of this chapter. 90 
PUBLIC HEALTH LAWS 
Any Commissioner may be removed from office by the Governor 
upon charges and after a hearing, but opportunity to be heard shall 
be given. 
S.H.A. Illy2 § 119; J.A. 16.159. 
120. Powers of commission—Powers of other officers—Jur- 
isdiction of circuit courts.] § 4. There is hereby granted to the 
Commission and the commissioners thereof all the powers provided 
for in the said Compact and all the powers necessary or incidental to 
the carrying out of said Compact in every particular. All officers 
of the State of Illinois are hereby authorized and directed to do all 
things falling within their respective provinces and jurisdiction 
necessary to or incidental to the carrying out of said Compact in 
every particular; it being hereby declared to be the policy of the 
State of Illinois to perform and carry out the said Compact and to 
accomplish the purposes thereof. All officers, bureaus, department 
and persons of and in the state government or administration of the 
State of Illinois are hereby authorized and directed at convenient 
times and upon request of the said Commission to furnish the said 
Commission with information and data possessed by them or any of 
them and to aid said Commission by loan of personnel or other means 
lying within their legal powers respectively. 
The Circuit Courts of the State of Illinois are hereby granted the 
jurisdiction specified in Article IX of said Compact, and the office of 
the Attorney General or any other law enforcing officer of the State of 
Illinois is hereby granted the power to institute any action for the 
enforcement of the orders of the Commission as specified in said 
Article IX of the Compact.1 
S.H.A. 111% § 120; J.A. 16.160. 
121. Powers granted hereunder supplementary.] § 5. Any 
powers herein granted to the Commission shall be regarded as in aid 
of and supplemental to and in no ease a limitation upon any of the 
powers vested in said Commission by other laws of the State of Illinois 
or by the laws of the States of Indiana, Kentucky, New York, Ohio, 
Pennsylvania, Tennessee and West Virginia, or by Congress or the 
terms of said Compact. 
S.H.A. lliy2 § 121; J.A. 16.161. 
An Act to provide for the registration of all births, stillbirths and 
deaths in the State of Illinois, and to repeal an act entitled, “An 
Act requiring reports of births and deaths, and the recording of 
the same, and prescribing a penalty for non-compliance with the 
provisions thereof, and repealing certain acts therein named,” 
approved May 6, 1903, in force July 1, 1903. [Approved June 
22, 1915. L.' 1915, p. 660.] 
36. State board of health shall have charge.] § 1. Be 
it enacted by the People of the State of Illinois, represented in the 
General Assembly: 
1 Section 117 of this chapter. 
REGISTRATION OF BIRTHS AND DEATHS BIRTH AND DEATH REGISTRATION 
91 
That the State Board of Health shall have charge of the regis- 
tration of births, stillbirths, and deaths throughout the state. The 
said board shall be charged with the uniform and thorough enforce- 
ment of this act throughout the State, and shall cause to be preserved 
and kept the originals of all such records in the office of the State 
Board of Health in the capital building at Springfield. 
S.H.A. 111% § 36; J.A. 12.01. 
See note to § 21, ante. 
37. Superintendent of registration.] § 2. That the Secre- 
tary of the State Board of Health shall be the superintendent of such 
registration of births, stillbirths and deaths. The State Board of 
Health shall, in conformity with the law, provide for such clerical 
and other assistance as may be necessary for the purposes of carrying 
out the provisions of this act, and the said board may fix the com- 
pensation of persons thus employed within the amounts appropriated 
therefor by the General Assembly. Suitable quarters shall be pro- 
vided by the Secretary of State for fhe registration of births, still- 
births, and deaths, which quarters shall be properly equipped with a 
fireproof vault and with filing cases for the permanent and safe 
preservation of all official records returned to said board under this 
act. 
S.H.A. 111% § 37; J.A. 12.02. 
See note to § 28, ante. 
38. Registration districts.] § 3. That for the purposes of this 
act the State shall be divided into vital statistics registration dis- 
tricts (hereinafter referred to as registration districts) as follows: 
Each city, village and incorporated town and each township in 
counties under township organization (excepting that portion of 
the township constituting a separate registration district) and each 
road district in counties not under township organization (excepting 
that portion of the road district constituting a separate registration 
district) shall constitute a registration district. 
Whenever, in the opinion of the State Board of Health, it is 
advisable to subdivide a registration district located in territory out- 
side of cities, villages or incorporated towns of less than 100,000 
population, or to combine into one district two or more registration 
districts located in such territory, such consolidation or subdivision 
may be effected by such board, and whenever two or more registra- 
tion districts are consolidated or a registration district is subdivided, 
the said board shall appoint a local registrar for each such newly 
created district. 
S.H.A. 111% § 38; J.A. 12.03. 
Public health districts, see § § 1, et seq., ante. 
Cited: P. v. Heckard, 254 A. 535, mod 341—144, 173 N. E. 124. 
39. Local registrars and deputies.] § 4. That the local reg- 
istrars for each registration district shall be as follows: 
In cities, villages and incorporated towns, the clerk of the city, 
village or incorporated town shall be the local registrar for the 
purposes of this act. Provided, that in cities, villages and incorpo- 
rated towns in which registration of births, still-births or deaths 92 
PUBLIC HEALTH LAWS 
is conducted under local ordinance, the officer of the city, village 
or incorporated town who is local registrar under such ordinance 
shall be the local registrar under this act, and such local registrars 
shall be subject to the rules and regulations of the State Board of 
Health and to all the provisions of this act. 
In each township in counties under township organization, 
excepting those portions of the township constituting a separate 
registration district, the clerk of the township shall be the local 
registrar for the purposes of this act. 
In each road district in counties not under township organiza- 
tion, excepting those portions of the road district constituting a 
separate registration district, the road district clerk shall be the 
local registrar for the purposes of this act. 
Each local registrar, immediately upon taking office, shall, in 
conformity with the law, appoint a deputy whose duty it shall be 
to act in his stead in case of absence, illness or disability, and such 
deputy shall be subject to all rules and regulations governing local 
registrars. And when it may appear necessary for the convenience 
of the people in any registration district, the local registrar, when 
so directed by the State Board of Health, shall appoint, in con- 
formity with the law, one or more suitable persons to act as sub- 
registrars, who shall act for the registrar in and for such portion 
of the registration district as may be designated by said State Board 
of Health; and each sub-registrar shall note over his signature the 
date on which each certificate was filed with him and shall forward 
all such certificates to the local registrar of the district within ten 
days and in all cases before the third day of the following month. 
All sub-registrars shall be subject to the supervision and control 
of the State Board of Health and shall be liable to the same penal- 
ties as local registrars, as provided in Section 21 of this act. 
S.H.A. 111% § 39; J.A. 12.04. 
Cited: P. v. Heckard, 254 A. 535, mod 341—144, 173 N. E. 124. 
40. Burial permits.] § 5. That the body of any person whose 
death has occurred in the State or which shall have been found 
therein, shall not be interred or disinterred, deposited in a vault or 
tomb, cremated or otherwise disposed of, or removed from or into 
or from place to place in any registration district, nor shall it be 
temporarily held pending further disposition more than seventy-two 
hours after death, unless a permit for burial, removal or other dis- 
position thereof shall have been properly issued by the local regis- 
trar, deputy or sub-registrar of the registration district in which 
the death occurred or the body was found. No burial or removal 
permit shall be issued by any such registrar until, whenever practic- 
able, a complete and satisfactory certificate of death has been filed 
with him as hereinafter provided; Provided, that when a dead body 
is transported by common carrier into any registration district for 
burial therein, then the transit or removal permit issued in accord- 
ance with the law and health regulations of the place where the 
death occurred, shall be accepted by the local registrar of the 
district into which the body has been transported for burial or 
other disposition, as a basis upon which he may issue a local burial DEATH CERTIFICATES 
93 
permit. And, provided, further, that where it is necessary to obtain 
a burial or removal permit before completion of an inquest, the 
coroner may make out a temporary certificate pending inquest, 
which certificate shall, whenever practicable, give all the personal 
and statistical particulars required by this act and the rules of the 
State Board of Health. Such certificate shall be marked at the top: 
“For temporary use only,” and shall state under the item cause 
of death “Inquest pending.” Such temporary certificate shall not 
be considered a substitute for the permanent certificate provided for 
in Section 8 of this act. 
No local registrar shall require from undertakers or persons 
acting as undertakers any fee for the issuance of burial or removal 
permits under this Act. 
S.H.A. 111% § 40; J.A, 12.05. 
41. Registration of stillbirths.] § 6. That a stillborn child 
shall be registered as a stillbirth and a certificate of stillbirth shall 
be filed with the local registrar in the same manner as required 
for a certificate of death. Provided, that a certificate of stillbirth 
shall not be required for a child that has not advanced to the fifth 
month of uterogestation. The medical certificate of the cause of 
death shall be signed by the attending physician or midwife, if 
either was in attendance, and shall state the cause of death as 
“stillborn,” with the cause of the stillbirth, if known, whether a 
premature birth, and if prematurely bom, the period of uterogesta- 
tion in months, if known; and a burial or removal permit of the 
form prescribed by the State Board of Health shall be required. 
Stillbirths occurring without attendance of either physician or mid- 
wife, shall be treated as deaths without medical attendance, as pro- 
vided for in Section 8 of this act. If twin, triplet or other plural 
birth, a separate certificate shall be required for each child in the 
order of birth. 
S.H.A. 111% § 41; J.A. 12.06. 
42. What certificate of death to contain.] § 7. The certifi- 
cate of death shall contain at least the items of the Standard Cer- 
tificate of Deaths, approved and adopted by the United States 
Bureau of the Census. The personal particulars shall be authenti- 
cated by the signature and address of the informant who shall be 
the nearest of kin or other competent person acquainted with the 
facts. The medical certificate shall be made and signed by the 
legally qualified physician, if any, last in attendance, or by the 
coroner. 
Certificate of deaths or of stillbirth and record thereof required 
by this act shall not in the case of an illegitimate child or person 
contain the name or other identifying fact relating to the father or 
reputed father thereof, or to the mother thereof without the con- 
sent of the said father or reputed father to the use of his name, nor 
to the use of the name of the mother without her consent to the use 
of her name. [As amended by act approved July 3, 1931. L. 1931, 
p. 733.] 
S.H.A. 111% § 42; J.A. 12.07. 94 
PUBLIC HEALTH LAWS 
43. Death occurring without medical attendance—what 
certificate to contain.] § 8. In case of any death occurring with- 
out medical attendance, it shall be the duty of the undertaker or 
person acting as such to notify the coroner of such death, and the 
coroner shall thereupon proceed in accordance with the provisions 
of Section 10 of “An Act to revise the law in relation to coroners,” 
approved February 6, 1874, as amended. The coroner or other 
proper officer whose duty it is to hold an inquest on the body of 
any deceased person, and to make the certificate of death required 
for a burial permit, shall state in his certificate the name of the 
disease causing death, or if from external causes (1) the means of 
death; and (2) whether (probably) accidental, suicidal, or homi- 
cidal; and shall, in any case, furnish such information as may be 
required by the Department of Public Health in order to properly 
classify the death. [As amended by act approved July 3, 1931. 
L. 1931, p. 733.] 
S.H.A. lliy2 § 43; J.A. 12.08. 
44. Undertaker responsible for obtaining and filing certifi- 
cate—other duties.] § 9. That the undertaker or person acting as 
undertaker shall be responsible for obtaining and filing the certifi- 
cate of death with the local or sub-registrar of the district in which 
the death occurred, and for securing a burial or removal permit 
prior to any disposition of the body. He shall obtain the personal 
and statistical particulars required from the nearest of kin, or 
person best qualified to supply them, over the signature and address 
of his informant. He shall then present the certificate to the attend- 
ing physician, if any, or to the coroner, if so directed by the local 
or sub-registrar, for the medical or coroner’s certificate of the cause 
of death and other particulars necessary to complete the record. 
He shall then state the facts required relative to the date and place 
of burial over his signature and with his address, and present the 
completed certificate to the local or sub-registrar within the time 
limit for the issuance of a burial or removal permit; provided, that 
when the body is the subject of an inquest or investigation by the 
coroner, the person and statistical particulars required herein shall 
be obtained by the coroner at the time of the inquest or investiga- 
tion, and over the signature and address of the informant; Provided, 
further, that for deaths in hospitals and institutions, the personal 
and statistical particulars required herein shall be furnished by the 
physician or person in charge of such hospitals or institutions, who 
shall obtain the information from the records of said hospital or 
institution, as made and provided for in Section 16 of this act. 
The undertaker shall deliver the burial permit to the person 
in charge of the place where the body is to be buried or otherwise 
disposed of before the interment or other disposal of the body, or, 
when the body is shipped by any common carrier, the transit or 
removal permit must accompany the corpse to its destination, in 
accordance with the official rules of the State Board of Health gov- 
erning transportation of the dead, and said permit shall be delivered BURIAL PERMITS 
95 
to the person to whom the body is consigned, or to the person in 
charge of the cemetery or other place where interment or other 
disposition is to be made. 
S.H.A. 111% § 44; J.A. 12.09. 
45. Wording of burial permits.] § 10. That if the interment 
or other disposition of the body is to be made within the State, the 
wording of the burial permit may be limited to a statement by the 
registrar and over his signature that permission is granted to inter, 
remove or otherwise dispose of the deceased, stating the name, age, 
sex, cause of death and other necessary details upon the form pre- 
scribed by the State Board of Health. 
S.H.A. lliy2 § 45; J.A. 12.10. 
46. No INTERMENT OR OTHER DISPOSITION OF BODIES WITHOUT PER- 
MIT—record—filing of permit.] § 11. That no dead human body 
or part thereof shall be received by any person in charge of any 
premises in which interments and other disposition of human bodies 
are made unless said body or part thereof is accompanied by a 
burial permit, issued by any local registrar, as herein provided. Each 
person in charge of any burial ground or other place of disposition 
of dead human bodies shall keep a record in a book provided for 
the purpose, of each interment or other disposition of a human body 
made in the cemetery or other place of disposal in his charge. Such 
register or record shall be in a form prescribed by the State Board 
of Health and shall at all times be open to the inspection of said 
board, the local registrar or their duly authorized representatives. 
Each person in charge of any burial ground or other place of dispo- 
sition of a human body shall tile the burial or removal permit with 
the local registrar of the district in which the interment is made 
within three days from the date of receipt of such body, and he 
shall immediately report any violations or attempted violations of 
this act to the local registrar of his district. Provided, that the 
undertaker or person acting as such, when burying a body in a 
cemetery or burial ground having no person in charge, shall sign 
the burial or removal permit, giving the date of burial, and shall 
write across the face of the permit the words “No person in charge,” 
and file the burial or removal permit within three days with the 
registrar of the district in which the cemetery is located; and pro- 
vided, further, that when the death occurs in another registration 
district in the State of Illinois that the local registrar of the district 
in which the body is buried or otherwise disposed of, shall within 
three days, return all such burial or removal permits to the local 
registrar issuing same, after having stated on the back of the per- 
mit any departure from the provisions of the permit as to place of 
burial or otherwise, and the local registrar of the district in which 
the death occurred shall note any such departure on the original 
death or stillbirth certificate and on the copy or copies thereof. 
S.H.A. 111% § 46; J.A. 12.11. 
47. Registration of births—who to file certificate.] § 12. 
That all births that occur in the State shall be immediately regis- 
tered in the districts in which they occur, as hereinafter provided. 96 
PUBLIC HEALTH LAWS 
It shall be the duty of the attending physician or midwife to file a 
certificate of birth, properly and completely filled out, and in a 
form prescribed by the State Board of Health, with the local or 
sub-registrar of the district in which the birth occurred within ten 
days after the date of birth. If there be no attending physician or 
midwife, then it shall be the duty of the father, or in case of death 
or absence of the father, it shall be the duty of the mother, and in 
the event of the death or disability of the mother, then it shall be 
the duty of the householder where the birth occurred, to file such 
certificate of birth with the local registrar within ten days after 
such birth; or if the birth occurred in a public or private institu- 
tion, it shall be the duty of the manager or superintendent of such 
institution to file with the local or sub-registrar a certificate of such 
birth, properly and completely filled out as required by this act: 
Provided, that in order to prevent blindness and otherwise conserve 
the health and life of infants, the State Board of Health on request 
of afly health officer of any registration district, shall direct and 
require that persons, residing in such district, charged with the 
duty of reporting births, shall file with the local registrar such 
reports within twenty-four hours, and for this purpose, a short 
form on postal card may be used; Provided, further, that said brief 
postal card report shall not take the place of the complete report 
provided for in this act, and that no fees shall be paid to registrars, 
deputy registrars or sub-registrars for receiving, handling or record- 
ing such postal form reports. 
S.H.A. 111% § 47; J.A. 12.12. 
48. Certificate of birth.] § 13. That the certificate of birth 
shall contain at least the items of the standard certificate of birth as 
approved and adopted by the United States Bureau of the Census. 
Provided, that the certificate of birth and record thereof required by 
this act, shall not, in the case of an illegitimate child, contain the name 
of [or] other identifying fact, relating to the father or reputed father 
or to the mother thereof, without the consent of said father or re- 
puted father to the use of his name, nor the use of the name of the 
mother without her consent to the use of her name. 
S.H.A. 111% § 48; J.A. 12.13. 
48a. Upon adoption certificate bearing new name issued.] 
§ 13a. Whenever a decree of adoption has been entered declaring a 
child adopted in any court of competent jurisdiction in the State of 
Illinois, a certificate of the decree of adoption may be recorded with 
the proper department of registration of births, and a certificate of 
birth shall issue upon request, bearing the new name of the child as 
shown in the decree of adoption, the names of the foster parents of 
the said child, age, sex, date of birth, but no reference in any birth 
certificate shall have reference to the adoption of the said child. 
However, original registration of births shall remain a part of the 
record of the said department of birth registration, provided, how- 
ever, there shall be no difference in the color of birth registration 
cards or certificates, whether the child be legitimate or illegitimate. 
[Added by act approved July 3, 1931. L. 1931, p. 734.] 
S.H.A. 111% § 48a; J.A. 12.14. FOUNDLING REGISTRATION 
97 
48b. Marriage of parents of illegitimate child.] § 13b 
Whenever the parents of an illegitimate child intermarry before a 
certificate of birth is filed as required by this Act, such child shall be 
considered legitimate and the certificate of birth shall be made ac- 
cordingly. 
In any case when the parents of an illegitimate child have inter- 
married after a certificate of birth is filed as required by this Act, a 
certificate of such marriage may be recorded with the Department of 
Public Health and a new certificate of birth shall issue upon request 
in the same form as certificate of birth for a legitimate child. The 
Department of Public Health shall also send copies of the new certifi- 
cate of birth to the local registrar and the county clerk of the district 
where the birth occurred. The local registrar and county clerk shall 
substitute such copies of the new certificate of birth for the copies 
previously filed, and shall send the copies previously filed to the De- 
partment of Public Health. The Department of Public Health shall 
put the certificate of marriage filed, the original certificate of illegiti- 
mate birth, and the copies sent by the local registrar and county clerk 
in a sealed package. Such sealed package shall not be opened except 
upon order of a court of record. [Added by act approved June 30, 
1933. L. 1933, p. 838.] 
S.H.A. 111% § 48b; J.A. 12.15. 
48c. Certificate of foundling.] § 13c. Whoever finds any child 
of unknown parentage shall within five days report to the local regis- 
trar. Such report shall be made on a form approved by the Depart- 
ment of Public Health, and shall state the date and place of finding, 
the sex and color of the child, the approximate date of birth of the 
child, and the name and address of the person or institution with 
whom the child had been placed for care. The place where the child 
was found shall be known as the legal place of birth, and the date of 
birth shall be determined by approximation and shall be known as the 
legal date of birth. 
The person, superintendent or manager of the institution with 
whom such foundling child is placed for care shall give such child a 
name, and shall report the name given to the local registrar within 
ten days after the child has been received. The local registrar shall 
endorse upon each report of birth of a foundling child received by 
him the date upon which the report was received by him, and such 
report shall constitute the certificate of birth for such foundling child. 
If any foundling child shall later be identified, and a certificate 
of birth be found or obtained, the certificate of birth as a foundling 
child provided for herein shall be cancelled by the Department of 
Public Health with citation to the certificate of birth on file in the 
Department. 
The provisions of this act relating to certificates of birth shall 
apply in the same manner and with the same effect to the certificates 
of birth for foundlings provided for herein. [Added by act approved 
June 30, 1933, L. 1933, p. 838.] 
S.H.A. lliy2 § 48c; J.A. 12.16. 98 
PUBLIC HEALTH LAWS 
49. When certificate of birth is filed without given name— 
report of prior births.] § 14. That when any certificate of birth of 
a living child is presented without the statement of the given name, 
then the local or sub-registrar shall make out and deliver to the parents 
of the child a special blank for the supplemental report of the given 
name of the child, which shall be filled out as directed and returned 
to such registrar as soon as the child shall have been named. Where 
the birth of a child born prior to the taking effect of this act has not 
been recorded, or in case of failure to report any birth which occur 
subsequent to the taking effect of this act within the time prescribed 
herein, such report may be received and filed by the local registrar, 
for the purposes and uses of this act, when such report is accompanied 
by affidavits of the father or mother of the child, or if neither father 
nor mother of the child is living, of the nearest of kin or guardian. 
S.H.A. 111% § 49; J.A. 12.17. 
50. Physician, midwife, undertaker and sexton shall regis- 
ter with registrar.] § 15. That every physician, midwife, under- 
taker and sexton shall without delay register his or her name, address 
and occupation with the local registrar of the district in which he or 
she resides, or may hereafter establish a residence; and shall there- 
upon be supplied by the local registrar with a copy of this act, to- 
gether with such rules and regulations as may be prepared by the 
State Board of Health relative to its enforcement. Within thirty days 
after the close of each calendar year, each local registrar shall make 
a return to the State Board of Health of all physicians, midwives, 
undertakers and sextons who have been registered in his district dur- 
ing the whole or any part of the preceding calendar year; Provided, 
that no fee or any compensation shall be charged by local registrars 
to physicians, midwives, undertakers or sextons for registering their 
names under this section or for making returns thereof to the State 
Board of Health. 
S.H.A. 111% § 50; J.A. 12.18. 
51. Hospitals, almshouses, lying-in and other institutions 
to make record.] § 16. That all superintendents or managers, or 
other persons in charge of hospitals, almshouses, lying-in or other 
institutions, public or private, to which persons resort for treatment 
of diseases, confinement, or are committed by process of law, shall 
make a record of all the personal and statistical particulars relative 
to the inmates of their institutions at the date of taking effect of this 
act, that are required in the forms of the certificates prescribed by the 
State Board of Health; and thereafter such record shall be, by them, 
made for all future inmates at the time of their admission. And in 
case of persons admitted or committed for medical or surgical treat- 
ment of disease or injury, the physician in charge shall specify for 
entry in the records the nature of the disease or injury, and where, 
in his opinion, it was contracted or received. The personal particulars 
and information required shall be obtained from the individual him- 
self if it is practicable to do so, and when they cannot be so obtained, 
they shall be secured in as complete a manner as possible from rela- 
tives, friends or other persons acquainted with the facts. 
S.H.A. lliy2 § 51; J.A. 12.19. LOCAL REGISTRARS 
99 
52. State board of health to prescribe form of reports—re- 
quirements as to filling in—other duties. 1 § 17. That the State 
Board of Health shall prescribe all forms of reports of births, still- 
births and deaths and shall prepare, print and supply all local regis- 
trars with copies of all blanks and forms sufficient to carry out the 
provisions of this act; and shall prepare and issue such detailed in- 
structions as may be required to procure the uniform observance of 
its provisions and the maintenance of a perfect system of registration 
and no other blanks shall be used than those supplied by the State 
Board of Health: Provided, that in any city, incorporated town or 
village, the local department or board of health or the city clerk, as 
the ease may be, may have printed blank forms bearing such items 
of record or instructions as may be necessary for the needs and pur- 
poses of carrying out the provisions of local ordinances, not in conflict 
with the forms prescribed or approved by the State Board of Health, 
and provided further, that the State Board of Health shall not supplv 
the short form on postal cards for the reporting of births, mentioned 
in Section 12 of this Act.1 
All forms prescribed by the Board of Health under this Act 
shall have printed near the top of such form the instructions follow- 
ing: 4‘Fill in this form (except signature) on a typewriter or by 
legible printing.” 
The State Board of Health shall carefully examine the certificates 
received monthly from the local registrars and if any such are incom- 
plete or unsatisfactory shall require such further information to be 
furnished as may be necessary to make the records complete and sat- 
isfactory. All physicians, midwives, coroners, superintendents of 
hospitals or institutions, informants, undertakers or sextons, connected 
with any birth, stillbirth or death, and all other persons having 
knowledge of the facts, shall furnish such information as they may 
possess regarding any death, stillbirth or birth, (excepting such in- 
formation as may divulge the parentage of an illegitimate child, as 
provided in Section 13 of this Act2), upon demand of the State Board 
of Health, by mail, or through an accredited representative. Said 
board shall arrange, bind and permanently preserve the certificates 
in a systematic manner, and shall prepare and maintain a comprehen- 
sive card index of all births and deaths registered, and shall compile 
and publish for the information of the citizens of the state, an annual 
report of births and deaths, which report shall contain such data as, 
in the opinion of the said board will serve to promote public health 
and the general welfare of the citizens of the state. [As amended by 
act approved July 20, 1939. L. 1939, p. 839, H. B. No. 614.] 
S.H.A. 111% § 52; J.A. 12.20. 
53. Duties of local registrars.] § 18. That it shall be the 
duty of the local registrars to supply blank forms of certificates to 
such persons as require them. Each local registrar or sub-registrars 
shall carefully examine each certificate of birth, stillbirth or death 
when presented for record, to see that it has been made out in accord- 
ance with the provisions of this act and the instructions of the State 
1 Section 47 of this chapter. 
2 Section 48 of this chapter. 100 
PUBLIC HEALTH LAWS 
Board of Health, and if any certificate of death or stillbirth is incom- 
plete or unsatisfactory, it shall be the duty of the local registrar to 
call attention to the defects in the return and at his discretion he may 
withhold issuing the burial or removal permit until such defects are 
corrected. If the certificate of death or stillbirth is properly ex- 
ecuted and is complete, as far as is practicable, he shall then issue a 
burial or removal permit to the undertaker: Provided, that in cas° 
the death occurred from any disease that is communicable and danger- 
ous to the public health, the permit for the removal or other dispo- 
sition of the body shall be granted by the local or sub-registrar, under 
such rules as may be prescribed by the State Board of Health, or 
under local rules or ordinances not in conflict with the rules of the 
State Board of Health. If a certificate of birth is incomplete, the 
local registrar shall immediately notify the person making such report 
and require him or her to supply the missing items if they can be 
obtained. The local registrar shall number consecutively the certifi- 
cates of births, stillbirths and deaths in three separate series, begin- 
ning with No. 1 for the first birth, stillbirth or death in each calendar 
year, and sign his name as local registrar in the attest of the date of 
filing in this office. He shall also make a complete and accurate copy 
or copies of each birth, stillbirth and death certificate registered 
by him on blank certificates of births, stillbirths and deaths, or in a 
record book of approved form prescribed by the State Board of 
Health. Local registrars shall deposit with the county clerks of their 
respective counties on the tenth day of each month, one complete set 
of the records of births, stillbirths and deaths registered with them 
during the preceding month, and the county clerks are charged with 
the binding and indexing, or recording, and safe keeping of such 
records. Provided, however, that the local registrar shall obtain the 
given name of the child before reporting a birth to the county clerk. 
Each local registrar shall, on the tenth day of each month, transmit 
to the State Board of Health all original certificates registered by 
him, including those received from his sub-registrars, during the 
preceding month. Provided, that any city, incorporated town or vil- 
lage which is a registration district for the purposes of this act, may 
cause to be made extra copies of any or all birth, stillbirth and death 
certificates filed with the local registrar, such extra copies to be in 
addition to those copies which are required to be made for and turned 
over to the county clerk, as provided for in this act, and such extra 
copies may be retained by any city, incorporated town or village as its 
permanent record. 
If no birth, stillbirth or death occurred in any month, the local 
registrar shall on the tenth day of the following month, report that 
fact to the State Board of Health and the county clerk, on a card 
provided for that purpose. [As amended bv act filed June 28, 1917. 
L. 1917, p. 759.] 
S.H.A. llli/2 § 53; j.A. 12.21. 
Where vital statistics records for years 1915 to 1918 were in possession 
of local registrar, held, in mandamus proceeding, he must deliver them to 
county clerk, notwithstanding county’s failure to reimburse city for cost 
of compiling records. P. v. Heckard, 341—144, 173 N. E. 124, mod’g 254 A. 535. VITAL STATISTICS 
101 
54. Registrar’s fees—how and by whom paid.] § 19. That 
each registrar for a registration district shall be paid the sum of 
twenty-five cents ($0.25) for each birth, stillbirth and death certifi- 
cate properly and completely made out, filed with and registered by 
him, up to an aggregate annual total of five thousand certificates, and 
for each such certificate so made out and filed with and registered by 
him, in excess of an annual total of five thousand certificates, the 
registrar shall be paid the sum of [ten cents] ($0.10), Provided, that 
the original of all such certificates have been turned over by him to the 
State Board of Health and that accurate copies of all such certificates 
have been made and turned over by him to the county clerk of his 
county as provided for in this act. In case no birth, stillbirth or death 
was registered during a month, the local registrar shall be paid the 
sum of [twenty-five cents] ($0.25) for a report to that effect, but 
only if such report be made promptly as required by this act. 
When no record of a birth exists or when report of birth is not 
made within the time prescribed by this act and affidavits are required 
to establish such record, the local registrar who receives and files such 
records shall be entitled to the sum of twenty-five cents ($0.25) to he 
paid by the person upon whose application the birth is recorded. 
Provided, that, in registration districts coextensive with cities, villages 
or incorporated towns in which registration of births, stillbirths or 
deaths is conducted under local ordinances and the local registrars 
receive fixed salaries in lieu of fees, all fees received under this act 
shall be paid into the treasuries of such cities, villages or incorporated 
towns. 
The State Board of Health shall, at the close of each calendar 
year, certify to the county clerk of each of the several counties the 
number of births, stillbirths and deaths properly registered in his 
county, with the names of the persons entitled to the prescribed fees, 
and the amount due each at the rate fixed in this act. 
The amounts payable to local registrars under the provisions of 
this act are hereby made and declared to be a charge upon the county 
in which said fees accrue, and the county clerk, or other county officer 
by whom warrants on the county treasurer are issued, of each of the 
several counties, shall issue to such local registrars his warrant upon 
the county treasurer of said county for the amount of fees due each 
person entitled to said fees in his county as certified to by the State 
Board of Health, and the county treasurer of said county shall pay 
the same upon presentation. It shall be the duty of all boards of 
county commissioners or boards of supervisors, as the case may be, to 
appropriate such amounts as may be necessary for efficiently carrying 
ont the provisions of this act in their respective counties. 
S.H.A. llli/2 § 54; J.A. 12.22. 
County board is not required to make appropriation to compensate local 
vital statistics registrar for delivering records to county clerk until amount 
is certified by state board of health. P. v. Heckard, 341—144, 173 N. E. 124, 
mod’g 254 A. 535. 
55. Certified copies of record of birth or death—fee.] § 20. 
The State Board of Health, any local registrar or any county clerk 
shall, on request, furnish a certified copy of the record of any birth, 102 
PUBLIC HEALTH LAWS 
stillbirth or death to any applicant entitled to the same upon the pay- 
ment by such applicant of a fee of fifty cents ($0.50) to the maker 
of such certified copy. Any such copy of a birth, stillbirth or death, 
when properly certified to by the State Board of Health or the local 
registrar or the county clerk, shall be prima facie evidence in all courts 
and places of the facts therein stated; Provided, that the United States 
Census Bureau may obtain, without expense to the state, transcripts 
or certified copies of birth, stillbirth and death certificates without 
payment of the fees herein prescribed; and provided further, that 
the State Board of Health, in its discretion and in the interests of 
promoting registration of births, may issue, without fee, to the parents 
or guardian of any or every child whose birth has been registered in 
accordance with the provisions of this act, a special certificate of birth, 
limited in its statement of items from the record of birth, to the name 
of the child, names of the parents, date and place of birth, date 
recorded, and the name of the attendant; such certificate, however, 
shall not be deemed as fulfilling the requirements of the certified copy 
of a record of birth for which pavment is hereinbefore provided. 
S.H.A. lliy2 § 55; J.A. 12.23. 
Death certificate signed by coroner, not deceased employee’s attending 
physician, based on coroner’s inquest, held hearsay as to cause of death and 
incompetent in compensation proceeding. Plano Foundry Co. v. Industrial 
Commission, 356—186, 190 N. B. 255. 
56. Offenses and penalties.] § 21. That any person, who for 
himself or as an officer, agent, or employee of any other person, or 
of any corporation or partnership, (a) shall inter, cremate, or other- 
wise finally dispose of the dead body of a human being, or permit the 
same to be done, or shall remove said body from the registration dis- 
trict in which the death occurred or the body was found, without the 
authority of a burial or removal permit issued by the local registrar 
of the district in which the death occurred or in which the body was 
found; or (b) shall refuse or fail to furnish correctly any information 
in his possession, or shall furnish false information affecting any 
certificate or record, required by this act; or (c) shall wilfully alter, 
otherwise than is hereinafter provided in this act, or shall falsify any 
certificate of birth, stillbirth or death, or any record established in 
this act; or (d) being required by this act to fill out a certificate of 
birth, stillbirth or death and file the same with the local registrar, 
or deliver it, upon request, to any person charged with the duty of 
filing the same, shall fail or neglect, or refuse to perform such duty in 
the manner required by this act; or (e) being a local registrar, deputy 
registrar, or sub-registrar, shall fail, neglect, or refuse to perform his 
duty as required by this act and by the instructions and directions of 
the State Board of Health thereunder, shall be deemed guilty of a 
misdemeanor and upon conviction thereof shall for the first offense 
be fined not less than five dollars ($5) nor more than fifty dollars 
($50) and for each subsequent offense not less than ($10) nor more 
than one hundred dollars ($100), or be imprisoned in the county jail 
not more than sixty days, or be both fined and imprisoned in the dis- 
cretion of the court. LOCAL REGISTRARS 
103 
Provided, That marginal notes placed on a certificate or report 
of birth, stillbirth or death, by a local registrar, or any official em- 
powered by this act to record such certificates or records, and attested 
by the signature of such registrar or official, shall not be considered as 
an alteration in violation of the provision of this act. 
S.H.A. lliy2 § 56; J.A. 12.24. 
57. Enforcement of act.] § 22. That each local registrar is 
hereby charged with the strict and thorough enforcement of the pro- 
visions of this act in his district under the supervision and direction 
of the State Board of Health. He shall make immediate report to the 
State Board of Health of any violation of this law coming to his knowl- 
edge, by observation or upon the complaint of any person, or otherwise. 
The State Board of Health is hereby charged with the thorough and 
efficient execution of the provisions of this act in every part of the 
state, and is hereby granted supervisory power over local registrars, 
deputy local registrars and sub-registrars, to the end that all its 
requirements shall be uniformly complied with. The State Board of 
Health, or its accredited representatives, shall have authority to in- 
vestigate cases of irregularity or violation of law, and all registrars 
shall aid said board upon request, in such investigations. And when 
it is deemed necessary, the State Board of Health shall report cases of 
violation of any of the provisions of this act to the State’s Attorney 
of the county, with a statement of the facts and circumstances; and 
when any such case is reported to the said State’s Attorney by the 
State Board of Health, said State’s Attorney shall forthwith initiate 
and promptly follow up the necessary court proceedings against the 
person or corporation responsible for the alleged violation of the law. 
And upon request of the State Board of Health, the Attorney General 
shall likewise assist in the enforcement of the provisions of this act. 
Provided, that in cities, incorporated towns or villages, operating 
under local ordinances, the local registrar may report such violation 
to the city or local prosecuting attorney and any such prosecuting 
attorney so notified shall forthwith initiate and promptly follow up 
the necessary court proceedings, and when violation involves both 
local ordinances and statutes, the State’s Attorney and the Attorney 
General, upon request of the State Board of Health, shall likewise 
assist in the enforcement of the provisions of this act. 
S.H.A. lliy2 § 57; J.A. 12.25. 
[ § 23. Repeal.] 
An Act to regulate and to authorize the issuing of Birth Certificates 
and to register legal births by adoption. [Approved July 6, 1937. 
L.1937, p. 1006.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
57.1. Certified record of adoption.] § 1. Whenever a Decree 
of Adoption has been entered in the Circuit or County Court within 
the State of Illinois, and upon request of one or both of the petitioners 
to the adoption, or the child who has been adopted, or a lawyer in good 104 
PUBLIC HEALTH LAWS 
standing, to the Clerk of the Court that the Decree of Adoption has 
been entered, and upon the payment of One Dollar ($1.00) the Clerk 
of the Court shall prepare a certified record of the adoption on blanks 
to be prepared and kept by the Clerk of the Court. 
S.H.A. lliy2 § 57.1; J.A. 12.27. 
57.2 Certificate of legal birth by adoption.] § 2. The Cer- 
tificate of Record of the legal birth by adoption prepared shall be on 
blanks substantially as follows : 
Registration Registration No. 
District Court 
County Clerk County County 
Full Name of Child 
Sex of Child Twins or Date of Birth 
others 
FATHER MOTHER 
Full Name Full Name 
Residence . Residence 
City City 
County County 
State State 
Docket No. Petition Filed 
Decree entered 
I Clerk of the Court of County, State 
of Illinois, hereby certify that a Decree of Adoption has been entered 
by the Honorable Judge of the said Court on the 
day of A. D. and that the said Decree contains the 
facts as above stated by me and are a true statement of the name of 
the child by adoption, its date of birth; the name of the adopting 
Father and Mother is herein made. 
CERTIFICATE OP BIRTH 
Clerk of the Court 
of County, Illinois 
Seal 
Clerk of Court- * 
Certificate issued 
This stub is to be a permanent record of the Clerk of the Court. In 
case of more than one child adopted in a Decree of Adoption, separate 
certificates shall be issued for each child. 
Docket No. Petition filed Decree entered 
copies mailed to State Department of Health 
Local Registrar Countv Clerk 
S.H.A. 111% § 57.2; J.A. 12.28. 
57.3 Copies to be transmitted.] § 3. The Clerk of the Court 
issuing the Certificate shall send one copy to the State Department of 
Health, one copy to the Local Registrar and one copy to the County 
Clerk of the County where the Decree of Adoption has been entered. 
S.H.A. 111% § 57.3; J.A. 12.29. EMBALMING AND BURIAL 
105 
57.4. Permanent records.] § 4. The State Department of 
Health, the Local Registrar, and the County Clerk upon receipt of 
the certificate of birth shall make a permanent record of the birth in 
the manner in force in their respective offices, so that one or more 
birth certificates can issue upon request. 
S.H.A. lliy2 § 57.4; J.A. 12.30. 
57.5. Issuance of birth certificate.] § 5. When a request 
for a birth certificate has been made either with the State Department 
of Health, or the Local Registrar or the County Clerk upon the pay- 
ment of the usual fee for Birth Certificates, a Birth Certificate shall 
issue showing the Father’s name, the Mother’s name, name of child 
and date of birth. 
S.H.A. 111% § 57.5; J.A. 12.31. 
57.6. Form of birth certificate.] § 6. All Birth Certificates 
issued in the State of Illinois shall be uniform as to size, color of paper 
or ink or inks, and design. No Birth Certificate shall ever state that 
the child has been adopted, is legitimate or illegitimate, or is a natural 
birth or birth by adoption. 
S.H.A. lliy2 § 57.6; J.A. 12.32. 
57.7. Record of issuance.] § 7. When a request for a certifi- 
cate for a Birth Certificate has been made and issued by the Clerk of 
of the Court, the Clerk of the Court shall cause to be stamped in the 
docket in the same adoption proceedings “Certificate for Birth Cer- 
tificate issued ” 
Date of Issue 
S.H.A. 111% § 57.7; J.A. 12.33. 
57.8. Act applicable only to issuance of birth certificate.] 
§ 8. Nothing in this Act shall be construed to regulate the office of 
the registering of births except as to the Birth Certificate to be issued 
to the public. 
S.H.A. 111% § 57.8; J.A. —. 
EMBALMING AND DISPOSAL OF DEAD BODIES 
An Act to revise the law in relation to the regulation of the practice 
of embalming. [Approved June 24, 1919. L. 1919, p. 528.] 
58-60. §§ 1-3. Repealed. Act filed July 8, 1935. L.1935, p. 
1083. 
See section 73.31, post. 
60a. Powers and duties of department.] § 3-a. The Depart- 
ment of Registration and Education shall exercise, but subject to the 
provisions of this Act, the following functions, powers and duties: 
(1) Conduct examinations to ascertain the qualifications and 
fitness of applicants for certificates of registration as registered em- 
balmers, and pass upon the qualifications of applicants for reciprocal 
licenses, certificates and authorities. 
(2) Prescribe rules and regulations for a method of examina- 
tion of candidates. 106 
PUBLIC HEALTH LAWS 
(3) Prescribe rules and regulations defining what shall consti- 
tute a school, college or university, or department of a university, or 
other institution, reputable and in good standing, and to determine 
the reputability and good standing of a school, college or other insti- 
tution reputable and in good standing by reference to a compliance 
with such rules and regulations; provided that no school, college or 
university, or department of a university or other institution that 
refuses admittance to applicants, solely on account of race, color or 
creed shall be considered reputable and in good standing. 
(4) Establish a standard of preliminary education deemed 
requisite to admission to a school, college or university and to require 
satisfactory proof of the enforcement of such standard by said schools, 
colleges and universities. 
(5) To conduct hearings on proceedings to suspend or revoke 
or refuse renewal of licenses, certificates or authorities of persons 
applying for registration or registered under the provisions of this 
Act and to revoke or refuse to renew such licenses or certificates or 
authorities. 
(6) Formulate rules and regulations when required in any Act 
to be administered. 
None of the foregoing functions or duties shall be exercised by 
the Department of Registration and Education except upon the action 
and report in writing of the Embalming Committee which shall be 
composed of persons designated from time to time by the Director 
of Registration and Education to take such action and to make such 
report for the profession involved herein as follows: 
Five (5) persons each of whom has been a licensed practitioner 
of embalming in this State for at least five years prior to his designa- 
tion and no one of whom is in any way connected with or interested 
in a school or college where embalming is taught. 
The action or report in writing of a majority of the Committee 
designated shall be sufficient authority upon which the Director of 
Registration and Education may act. 
In making the designation of persons to act, the Director shall 
give due consideration to recommendations by members of the profes- 
sion and by organizations therein. 
Whenever the Director is satisfied that substantial justice has 
not been done in an examination, he may order a re-examination by 
the same or other examiners. [Added by act approved Julv 10, 1935. 
L. 1935, p. 1079.] 
S.H.A. lliy2 § 60a; J.A. 44.03(1) note. 
This section was added to Act of Act of 1919, June 24, Laws 1919, p. 528, 
by Act of 1935, July 10, Laws 1935, p. 1079, § 1. At the same session of the 
General Assembly, the Act of 1919, as amended, was repealed by Act of 1935, 
July 8, Laws 1935, p. 1083, art. 3, § 11 (section 73.31 of this chapter). The 
insertion of this section should not be taken as an expression of opinion as 
to whether or not it is in effect. 
61-66. §§ 4-9. Repealed. Act filed July 8. 1935. L. 1935, 
p. 1083. 
See section 73.31, post. EMBALMERS 
107 
67. When certificate may be refused, revoked.] § 10. The 
Department of Registration and Education may either refuse to issue, 
or may refuse to renew, or may suspend, or may revoke, any certifi- 
cate of registration for any one, or any combination, of the following 
causes: 
(a) Conviction of a felony, as shown by a certified copy of the 
record of the court of conviction; 
(b) The obtaining of or an attempt to obtain a certificate of 
registration, or practice in the profession, or money, or any other 
thing of value, by fraudulent representation; 
(c) Continued practice by a person knowingly having an infec- 
tious or contagious disease; 
(d) Habitual drunkenness, or habitual addiction to the use of 
morphine, cocaine or other habit-forming drugs. 
The Department may upon its own motion and shall upon the 
verified complaint in writing of any person setting forth facts which 
if proven would constitute grounds for refusal, suspension or revoca- 
tion as hereinabove set forth, investigate the actions of any person 
holding or claiming to hold a certificate. The Department shall, 
before refusing to issue, suspending or revoking any certificate, at 
least ten (10) days prior to the date set for the hearing, notify in 
writing the applicant or the holder of such certificate of any charges 
made and shall afford such accused person an opportunity to be heard 
in person or by counsel in reference thereto. Such written notice 
may be served by delivery of the same personally to the accused per- 
son, or by mailing the same by registered mail to the place of business 
last theretofore specified by the accused person in his last notification 
to the Department. At the time and place fixed in the notice, the 
Embalming Committee designated by the Director of Registration and 
Education, as provided in this Act, shall proceed to hearing of the 
charges and both the accused person and the complainant shall be 
accorded ample opportunity to present in person or by counsel, such 
statements, testimony, evidence and argument as may be pertinent 
to the charges or to any defense thereto. The Committee may con- 
tinue such hearing from time to time. If the Committee shall not be 
sitting at the time and place fixed in the notice or at the time and 
place to which hearing shall have been continued, the Department 
shall continue such hearing for a period not to exceed thirty (30) 
days. [As amended by act approved July 10, 1935. L. 1935, p. 1079.] 
S.H.A. 111% § 67; J.A. 44.10 and note. 
This section was amended, and sections 67a-67i of this chapter were 
added, by Act of 1935, July 10, Laws 1935, p. 1079, § 1. At the same session 
of the General Assembly, the Act of 1919, as amended, was repealed by Act 
of 1935, July 8, Laws 1935, p. 1083, art. 3, § 11 (section 73.31 of this chapter). 
The insertion of these sections should not be taken as an expression of 
opinion as to whether or not they are in effect. 
This section, prior to amendment, was repealed by Act approved July 
8, 1935, L. 1935, p. 1083. The insertion of this section should not be taken 
as an indication that it is still in effect. 
See section 73.31, post. 108 
PUBLIC HEALTH LAWS 
67a. Department may take testimony—Administer oaths.] 
§ 10-a. The Department shall have power to subpoena and bring 
before it any person in this State and to take testimony either orally 
or by deposition, or both, with the same fees and mileage and in the 
same manner as prescribed by law in judicial procedure in civil cases 
in courts of this State. 
The Director, Assistant Director, Superintendent of Registra- 
tion and any member of the Embalming Committee shall each have 
power to administer oaths to witnesses at any hearing which the De- 
partment is authorized by law to conduct, and any other oath re- 
quired or authorized in any Act administered by the Department. 
[Added by act approved July 10, 1935. L. 1935, p. 1079.] 
S.H.A. lliy2 § 67a; J.A. 44.10(1)44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
67b. Compelling testimony.] § 10-b. Any circuit or superior 
court or any judge thereof, either in term time or vacation, upon the 
application of the accused person or complainant or of the Depart- 
ment, may by order duly entered, require the attendance of witnesses 
and the production of relevant books and papers before the Depart- 
ment in any hearing relative to the application for or refusal, recall, 
suspension or revocation of certificate of registration, and the court or 
judge may compel obedience to its or his order by proceedings for 
contempt. [Added by act approved July 10, 1935. L. 1935, p. 1079.] 
S.H.A. 111% § 67b; J.A. 44.10(1)44.10(9) note. 
Section 67 of this chapter. 
67c. Record of proceedings.] § 10-c. The Department, at its 
expense, shall provide a stenographer to take down the testimony and 
preserve a record of all proceedings at the hearing of any case where- 
in a certificate is revoked or suspended. The notice of hearing, com- 
plaint and all other documents in the nature of pleadings and written 
motions filed in the proceedings, the transcript of testimony, the re- 
port of the Committee and the orders of the Department shall be the 
record of such proceedings. The Department shall furnish a transcript 
of such record to any person interested in such hearing upon pay- 
ment therefore of twenty-five cents per one hundred words for each 
original transcript and eight cents per one hundred words for each 
carbon copy thereof ordered with the original: Provided that the 
charge for any part of such transcript ordered and paid for previous 
to the writing of the original record thereof shall be eight cents per 
hundred words. [Added by act approved July 10, 1935. L. 1935, 
p. 1079.] 
S.H.A. 111% § 67c; J.A. 44.10(1)44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
67d. Report of committee—Rehearing.] § 10-d. The Com- 
mittee shall present to the Director its written report of its findings 
and recommendations. A copy of such report shall be served upon 
the accused person, either personally or by registered mail as pro- 
vided in this Act for the service of the citation. Within twenty (20) RIGHTS RESTORED 
109 
days after such service, said accused person may present to the De- 
partment his motion in writing for a rehearing, which written mo- 
tion shall specify the particular grounds therefor. If said accused per- 
son shall order and pay for a transcript of the record as provided in 
this section, the time elapsing thereafter and before such transcript 
is ready for delivery to him shall not be counted as part of such 
twenty days. 
Whenever the Director is satisfied that substantial justice has 
not been done, he may order a rehearing by the same or another special 
committee. At the expiration of the time specified for filing a motion 
for a rehearing the Director shall have the right to take the action 
recommended by the committee. Upon the suspension or revocation 
of his certificate of registration, a registrant shall be required to sur- 
render his certificate of registration to the Department, and upon his 
failure or refusal so to do, the Department shall have the right to 
seize the same. [Added by act approved July 10, 1935. L. 1935, 
p. 1079.] 
S.H.A. 111% § 67d; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
67e. Restoration of certificate.] § 10-e. At any time after 
the suspension or revocation of any certificate, the Department may 
restore it to the accused person without examination, upon the written 
recommendation of the embalming committee. [Added by act ap- 
proved Julv 10, 1935. L. 1935, p. 1079.] 
SH.A. 111% § 67e; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
67f. Review of order.] § 10-f. The Circuit or Superior Court 
of the County wherein the accused person resides shall have power to 
review any order of revocation or suspension and all questions of law 
and fact thereon by writ of certiorari to the Department, provided 
that if the accused person is not a resident of this State and the venue 
is not otherwise fixed herein, such venue shall be in Sangamon County. 
Such writ shall be issued by the Clerk of the Court upon praecipe 
and it shall be served at least ten days before the return day thereof. 
Service upon the Director, Assistant Director or Superintendent of 
Registration shall be service on the Department. Such suit shall be 
commenced within twenty days of the accused person’s receipt of 
notice of the order of refusal, revocation or suspension. The Depart- 
ment shall not be required to certify the record of its proceedings 
unless the accused person shall first pay to it the sum of five cents 
per one hundred words of such record. Exhibits shall be certified 
without cost. 
No department order of suspension or revocation shall be set 
aside or vacated on any ground not specified in the written motion 
for rehearing provided for in this Act. [Added by act approved 
July 10, 1935. L. 1935, p. 1079.] 
S.H.A. lliy2 § 67f; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 110 
PUBLIC HEALTH LAWS 
67g. Order prima facie evidence.] § 10-g. An order of re- 
vocation or suspension or a certified copy thereof, over the seal of the 
Department and purporting to be signed by the Director shall be 
prima facie proof that 
1. Such signature is the genuine signature of the Director. 
2. Such Director is duly appointed and qualified. 
3. That the Committee and the members thereof are qualified to 
act. 
Such proof may be rebutted. Such order of revocation or sus- 
pension shall be conclusive proof that all precedent and concurrent 
acts of department officers and of the committee necessary to the va- 
lidity of such order were pursuant to authority conferred by the Di- 
rector. [Added by act approved July 10, 1935. L. 1935, p. 1079.] 
S.H.A. 111% § 67g; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
67h. Appeal to supreme court.] § 10-h. Appeals from all 
final orders and judgments entered by a circuit or superior court in 
review of an order of the Department may be taken directly to the 
Supreme Court by either party to the action within sixty days after 
service of a copy of the order or judgment of the circuit or superior 
court, and shall be governed by the rules applying to other civil cases 
appealed to said Supreme Court, except that formal pleadings shall 
not be required. [Added by act approved July 10, 1935. L. .1935, 
p. 1079.] 
S.H.A. lliy2 § 67h; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
Supreme Court Rules, see ch. 110, § § 259.1-259.71, ante. 
Appeals in civil cases, see ch. 110, § 198 et seq., ante. 
67i. Stay of order.] § 10-i. The pendency of an appeal or writ 
of certiorari shall not of itself stay or suspend the operation of an 
order of revocation or suspension; but during the pendency of such 
suit or appeal, the Circuit or Superior Court or the Supreme Court, 
as the case may be, in its discretion may stay the operation of such 
order in whole or in part upon such terms and conditions as the court 
may prescribe. No such stay shall be granted by the court other- 
wise than upon ten days’ notice to the Department and after a hear- 
ing. [Added by act approved July 10, 1935. L. 1935, p. 1079.] 
S.H.A. 111% § 67i; J.A. 44.10(1)-44.10(9) note. 
Repeal of this section by Act of 1935, see note to section 67 of this 
chapter. 
68-73. §§ 11-17. Repealed. Act filed July 8, 1935. L. 1935, 
p. 1083. 
See section 73.31, post. 
Section 70 was also repealed by Act approved July 10, 1935, L. 1935, 
p. 1079. BURIAL REGULATIONS 
111 
FUNERAL DIRECTORS AND EMBALMBRS 
An Act in relation to the regulation of persons engaged in the prac- 
tice of funeral directing and embalming, and to repeal an Act 
therein named. [Filed July 8, 1935. L. 1935, p. 1083.] 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly: 
Article I 
LICENSING OF FUNERAL DIRECTORS 
73.1. “Department” defined.] § 1. The term “Depart- 
ment” when used in this Act, unless inconsistent or repugnant to the 
context, means the Department of Registration and Education. 
S.H.A. lliy2 § 73.1; J.A. 44.17(1). 
73.2. Practice of funeral directing.] § 2. Conducting or 
engaging in or representing or holding out oneself as conducting or 
engaged in any one or any combination of the following practices, 
constitutes the practice of funeral directing: 
(a) The business of preparing, otherwise than by embalming, 
for the burial or disposal and directing and supervising the burial 
or disposal of dead human bodies. 
(b) The business of providing or maintaining a place for pre- 
paring for the disposition of dead human bodies or for caring for 
dead human bodies prior to their disposition. 
(c) Using in connecting with his name or business, the word 
“funeral director,” “undertaker,” “mortician,” “funeral home,” 
“funeral parlor,” “funeral chapel,” or any other title implying that 
he is engaged in the business herein described. 
S.H.A. 111% § 73.2; J.A. 44.17(2). 
73.3 License required to practice funeral directing.] § 3. 
After the first day of January, 1936, it shall be unlawful for any 
person to practice, or to attempt to practice, funeral directing with- 
out a certificate of registration as a registered funeral director, issued 
by the Department. 
Nor shall any person practice funeral directing who does not 
have a fixed place of business or establishment devoted to the care and 
preparation for burial or for transportation of dead human bodies, 
or who is not regularly employed in such a place of business or estab- 
lishment. 
S.H.A. 111% § 73.3; J.A. 44.17(3). 
73.4. Qualifications to receive certificate of registration 
as funeral director.] § 4. A person is qualified to receive a cer- 
tificate of registration as a registered funeral director: 
(a) Who is at least twenty-one (21) years of age, and a citizen of 
the State of Illinois; 
(b) Who is of good moral character and temperate habits; 
(c) Who is a holder of a certificate of registration as a Registered 
Bmbalmer, issued by the Department. 112 
PUBLIC HEALTH LAWS 
(d) Who has passed a satisfactory examination conducted by the 
Department to determine his fitness to receive a certificate of registra- 
tion as a registered funeral director. 
However, any person of good moral character and temperate 
habits who was engaged in the practice of funeral directing in the 
State of Illinois, on July 1, 1935, shall be issued a certificate of regis- 
tration as a registered funeral director, upon application therefor, 
prior to July 1, 1936, without examination and without complying 
with the other provisions of this section. 
S.H.A. 111% § 73.4; J.A. 44.17(4). 
73.5. Application.] § 5. Every person who desires to obtain 
a certificate of registration shall apply therefor to the Department 
in writing on forms prepared and furnished by the Department. Such 
application shall contain proof of the particular qualifications re- 
quired of the applicant, shall be verified by the applicant under oath, 
and shall be accompanied by affidavits from at least two reputable 
residents of the county in which the applicant resides or proposes 
to practice funeral directing, to the effect that the applicant is of good 
moral character and of temperate habits, and shall also be accom- 
panied by the required fee. 
S.H.A. lli% § 73.5; J.A. 44.17(5). 
73.6. Examinations.] § 6. The Department shall hold examina- 
tions of applicants for certificates of registration as registered funeral 
directors at such times and places as it may determine. The examina- 
tion may include both practical demonstrations and written and oral 
tests and shall embrace the subjects of sanitary science, health regula- 
tions in relation to the handling of dead human bodies, measures used 
by funeral directors for the prevention of the spread of diseases, and 
such other subjects relating to the care and handling of dead human 
bodies as the Department by rule may prescribe. 
S.H.A. 111% § 73.6; J.A. 44.17(6). 
73.7. Issuance, display of certificate.] § 7. Whenever the 
provisions of this Act have been complied with, the Department shall 
issue a certificate of registration as a registered funeral director. 
Every holder of a certificate of registration shall display it in a 
conspicious place in his place of business or in the place of business 
in which he is employed, or in case he is engaged in funeral directing 
at more than one place of business, then in his principal place of busi- 
ness or the principal place of business of his employer. 
S.H.A. 111% § 73.7; J.A. 44.17(7). 
'3.8. Renewal— Restoration— Practice by corporation, 
partnership, etc.] § 8. Every registered funeral director who con- 
tinues in the active practice of funeral directing, shall, annually, on 
or before the first day of January, renew his certificate of registration 
and pay the required renewal fee. Every certificate of registration 
which has not been renewed during the month of January in any year, 
shall expire on the first day of February of that year. A registered FUNERAL DIRECTORS 
113 
funeral director whose certificate of registration has expired, may 
have his certificate of registration restored only upon payment of the 
required restoration fee. 
Any registered funeral director who has retired from the practice 
of funeral directing for more than two years and who is desirous of 
again receiving a certificate of registration as a registered funeral 
director, must comply with the conditions prescribed in this Act for 
the registration of unregistered persons, before a certificate of regis- 
tration shall issue. 
No corporation, partnership, firm or association of individuals, 
as such, shall be issued a certificate or registration as a registered 
funeral director, nor shall any corporation, partnership, firm or asso- 
ciation of individuals, or any individual connected therewith, publicly 
advertise such corporation, partnership, firm or association of indi- 
viduals. as being registered funeral directors or as being engaged in 
the practice of funeral directing: Provided, however, that any per- 
son of good moral character and temperate habits who was engaged 
in the practice of funeral directing on July 1, 1935, as an owner, 
member or employee of a corporation, partnership, association or firm, 
or any corporation, partnership, firm or association so engaged, shall 
be permitted to continue to engage in the practice of funeral directing 
and to publicly advertise as being so engaged, if the said owner, mem- 
ber or employee shall have complied with all other provisions of this 
Act. 
S.H.A. lliy2 § 73.8; J.A. 44.17(8). 
73.9. Funeral director licensed in another state.] § 9. An 
applicant who is a funeral director registered or licensed under the 
laws of another state or territory of the United States, or of a foreign 
country or province, upon satisfactory proof that he has been actively 
engaged in the practice of funeral directing therein for a period of 
not less than five years and upon payment of the required fee, may be 
granted a certificate of registration as a registered funeral director 
by the Department, in its discretion, without examination, upon the 
following conditions: 
(a) That the applicant is at least twenty-one (21) years of age, 
of good moral character and temperate habits, and 
(b) That the requirements for the registration or licensing of 
funeral directors in the particular state, territory, country or province 
were at the date of his license substantially equal to the requirements 
then in force in this State. 
S.H.A. 111% § 73.9; J.A. 44.17(9). 
73.10. Refusal to issue or renew—Suspension or revocation 
of certificate.] § 10. The Department may either refuse to issue 
or may refuse to renew or may suspend or may revoke any certificate 
of registration for any one or any combination of the following causes: 
(a) The obtaining of or an attempt to obtain a certificate of 
registration by fraudulent misrepresentation. 
(b) Conviction of a felony as shown by a certified copy of the 
record of the court of conviction. 114 
PUBLIC HEALTH LAWS 
(c) Violation of the laws of this State relating to the burial or 
disposal of dead human bodies or of the rules and regulations of the 
Department, or the Department of Public Health. 
(d) For conclusive proof that the funeral director has directly 
or indirectly paid or caused to be paid any sum of money or other 
valuable consideration for the securing of business or for obtaining 
authority to dispose of any dead human body. 
(e) For incompetency or untrustworthiness in the practice of 
funeral directing. 
(f) Upon satisfactory proof that the funeral director has em- 
ployed someone not legally registered or licensed in any position or 
for any work for which a certificate of registration of license is herein 
required. 
S.H.A. 111% § 73.10; J.A. 44.17(10). 
Article II 
EMBALMING 
73.11. Practice op embalming.] § 1. The embalming or rep- 
resenting or holding out oneself as engaged in the business of em- 
balming of dead human bodies or the preparation for transportation 
of human bodies dead of a contagious or infectious disease, constitutes 
the practice of embalming. 
S.H.A. lliy2 § 73.11; J.A. 44.17(11). 
73.12. Certificate of registration required to practice em- 
balming or to serve as apprentice.] § 2. It is unlawful for any 
person to practice or attempt to practice embalming without a certifi- 
cate of registration as a registered embalmer issued by the Depart- 
ment. 
It is also unlawful for any person to serve or attempt to serve 
as an apprentice under a registered embalmer without a certificate of 
registration as a registered apprentice issued by the Department. 
No registered apprentice may independently practice embalming. 
However, a registered apprentice may under the immediate personal 
supervision of a registered embalmer assist a registered embalmer in 
the practice of embalming. 
S.H.A. lliy2 § 73.12; J.A. 44.17(12). 
73.13. Qualifications to receive certificate as embalmer.] 
§ 3. A person is qualified to receive a certificate of registration as a 
registered embalmer: 
(a) Who is at least twenty-one (21) years of age; 
(b) Who is of a good moral character and temperate habits; 
(c) Who is graduated from a four year high school or secondary 
school approved by the Department, or who has completed an equiva- 
lent course of study as determined by an examination conducted by 
the Department of Registration and Education; 
(d) Who has graduated from a school of embalming which re- 
quires as a pre-requisite to graduation, the completion of a course of 
study of at least six months, duration, approved by the Department; FUNERAL DIRECTORS 
115 
(e) Who has studied embalming in this State under an em- 
balmer registered under this or any prior act for at least one year. 
However, no credit shall be given for the study of embalming in this 
State under a registered embalmer unless the applicant during the 
period of study was a registered apprentice; and 
(f) Who has passed an examination conducted by the Depart- 
ment to determine his fitness to receive a certificate of registration as 
a registered embalmer. 
(g) Who is properly protected against communicable diseases. 
S.H.A. 111% § 73.13; J.A. 44.17(13). 
73.14. Qualifications to receive certificate as apprentice.] 
§ 4. A person is qualified to receive a certificate of registration as a 
registered apprentice: 
(a) Who is at least eighteen (18) years of age; 
(b) Who is of good moral character and temperate habits; 
(c) Who has graduated from a four-year high school or sec- 
ondary school approved by the Department, or who has completed an 
equivalent course of study as determined by an examination con- 
ducted by the Superintendent of Public Instruction; 
(d) Who has entered upon the study of embalming under a 
registered embalmer; and 
(e) Who in the case of persons applying therefor after January 
1, 1934, has graduated from a college of embalming which requires as 
a prerequisite to graduation, the completion of a course of study of 
at least six months duration approved by the Department. 
(f) Who is properly protected against communicable diseases. 
S.H.A. lliy2 § 73.14; J.A. 44!'l7(14). 
73.15. Application.] § 5. Every person who desires to obtain 
a certificate of registration shall apply therefor to the Department, in 
writing, upon blanks prepared and furnished by the Department. 
Each application shall contain proof of the particular qualifications 
required of the applicant, shall be verified by the applicant under oath, 
and shall be accompanied by the required fees. 
S.H.A. 111% § 73.15; J.A. 44.17(15). 
73.16. Examinations for embalmers.] § 6. The Department 
shall hold examinations of applicants for certificates of registration as 
registered embalmers at such times and places as it may determine. 
The examination of applicants for certificates of registration as 
registered embalmers may include both practical demonstrations and 
written and oral tests and shall embrace the subjects of anatomy, 
sanitary science, and the care, preservation, embalming, transporta- 
tion and burial of dead human bodies. The Department may, by rule, 
prescribe additional subjects for examination. 
S.H.A. 111% § 73.16; J.A. 44.17(16). 
73.17. Issuance, display of certificates—Present licensees.] 
§ 7. Whenever the provisions of this Act have been complied with, 
the Department shall issue a certificate of registration as a registered 
embalmer, or a certificate of registration as a registered apprentice, 
as the case may be. Any license or certificate of registration hereto- 116 
PUBLIC HEALTH LAWS 
fore issued under the laws of this State, authorizing its holder to prac- 
tice embalming or to serve as an apprentice shall, during the unex- 
pired period for which it was issued, serve the same purpose as the 
certificate of registration as a registered embalmer or as a registered 
apprentice provided for by this Act. 
Every holder of a certificate of registration shall display it in 
a conspicuous place in his principal office, place of business or employ- 
ment. 
S.H.A. lliy2 § 73.17; J.A. 44.17(17). 
73.18. Renewal—Restoration.] § 8. Every registered em- 
balmer and every registered apprentice who continues in active prac- 
tice or service shall, annually, on or before the first day of January, 
renew his certificate of registration and pay the required renewal fee. 
Every certificate of registration which has not been renewed during 
the month of January in any year shall expire on the first day of 
February in that year. A registered embalmer or a registered appren- 
tice whose certificate of registration has expired may have his certifi- 
cate of registration restored only upon payment of the required res- 
toration fee. 
Any registered embalmer who retires from the practice of em- 
balming for more than two years and who is desirous of again securing 
a certificate of registration as a registered embalmer, must comply 
with the conditions prescribed in this Act for the registration of un- 
registered persons, before a certificate of registration shall issue. How- 
ever, if any registered embalmer, who has retired from the practice of 
embalming for more than two years, has been practicing embalming 
under the laws of another state or territory of the United States or 
of a foreign country or province, he may renew his certificate of 
registration upon the payment of ten dollars ($10.00). 
S.H.A. 111% § 73.18; J.A. 44.17(18). 
73.19. Embalmers licensed in another state or country.] 
§ 9. An applicant who is an embalmer, registered or licensed under 
the laws of another state or territory of the United States or of a 
foreign country or province, upon satisfactory proof that he has been 
actively engaged in the practice of embalming therein for a period 
of not less than five years and upon payment of the required fee, may 
be granted a certificate of registration as a registered embalmer by 
the Department, in its discretion, upon the following conditions: 
(a) That the applicant is at least twenty-one (21) years of age, 
of good moral character and temperate habits; and 
(b) That the requirements for the registration or licensing of 
embalming in the particular state, territory, country or province, 
were, at the date of the license, substantially equal to the requirements 
then in force in this State. 
S.H.A. 111% § 73.19; J.A. 44.17(19). 
73.20. Refusal to issue or renew—Suspension or revocation.] 
§ 10. The Department may either refuse to issue, or may refuse to 
renew, or may suspend, or may revoke any certificate of registration 
for any one, or any combination, of the following causes: VIOLATION OF HEALTH RULES 
117 
(a) The obtaining of, or an attempt to obtain a certificate of 
registration, or practice in the profession, or money, or any other 
thing of value by fraudulent misrepresentation; 
(b) Conviction of a felony as shown by certified copy of the 
record of a court of conviction; 
(e) A violation of the laws of this State relating to the embalm- 
ing of dead human bodies, or of the rules and regulations of the De- 
partment, or of the Department of Public Health; 
(d) Continued practice by a person knowingly having an in- 
fectious or contagious disease; 
(e) For incompetency or untrustworthiness in the practice of 
embalming; or 
(f) Upon satisfactory proof that the embalmer has employed 
some one not legally registered or licensed in any position or for any 
work for which a certificate of registration or license is herein 
room’red 
S.H.A. lliy2 § 73.20; J.A. 44.17(20). 
Article III 
ADMINISTRATION AND ENFORCEMENT 
73.21. Exercise of duties upon report of professional com- 
mittee.] § 1. None of the functions or duties enumerated in this Act 
shall be exercised by the Department of Registration and Education 
except upon the action and report in writing of the committee on 
funeral directing and embalming, which shall consist of five persons 
appointed from time to time by the Director of Registration and Edu- 
cation, each of whom has been engaged in the practice of funeral 
directing and embalming in this State for at least five (5) years prior 
to his appointment and is not in any way connected with or interested 
in any school or college where funeral directing or embalming is 
taught. 
S.H.A. lliy2 § 73.21; J.A. 44.17(21). 
73.22. Hearing for suspension or revocation.] § 2. The De- 
partment shall, before suspending or revoking any certificate and at 
least ten days prior to the date set for the hearing, notify in writing 
the holder of such certificate of any charges made and shall afford 
said registrant an opportunity to be heard in person or by counsel in 
reference thereto. Such written notice may be served by delivery of 
same personally to the registrant ‘or by mailing same by registered 
mail to the last known business address of such registrant. The hear- 
ing on such charges shall be at such time and place as the depart- 
ment shall prescribe. The department shall have the power to sub- 
poena and bring before it any person in this State, or take testimony 
of any such person by deposition, with the same fees and mileage, in 
the same manner as prescribed by law in judicial procedure in courts 
of this State in civil cases. If the department shall determine that any 
registrant is guilty of a violation of any of the provisions of this Act, 
said certificate shall be suspended or revoked. 
S.H.A. 111% § 73.22; J.A. 44.17(22). 118 
PUBLIC HEALTH LAWS 
73.23. Compelling production op testimony.] § 3. Any cir- 
cuit judge or any judge of a circuit court upon application of the ap- 
plicant, registrant or of the department may, by order duly entered, 
require the attendance of witnesses and the production of relevant 
books and papers before the department in any hearing relating to 
the refusal, suspension or revocation of certificates of registration. 
Upon refusal or neglect to obey the order of the court or judge, the 
court or judge may compel by proceedings for contempt of court 
obedience of its or his order. 
S.H.A. lliy2 § 73.23; J.A. 44.17(23). 
73.24. Keview of order of suspension or revocation—Appeal 
to Supreme Court.] § 4. In all cases where the department sus- 
pends or revokes a certificate of registration, the circuit or Superior 
Court of the county wherein is located the principal place of business 
of the registrant as shown in the certificate last issued to him, shall 
have power to review such suspension or revocation by writ of cer- 
tiorari to the department. Such writ of certiorari shall be issued by 
the clerk of such court upon praecipe. Service upon the director, as- 
sistant director or superintendent of registration, shall be of service 
of the department, or service thereof may be had by mailing notice of 
the commencement of the proceedings and of the return day of the 
writ, by registered mail, to the office of the department, at least ten 
days before the return day. Such suit by writ of certiorari may be 
commenced within twenty days of the receipt of the notice of the de- 
cision of the department by the person whose certificate is revoked or 
suspended. 
Upon the filing of such suit after due notice and hearing and 
proper showing of probable error in the action of the department, 
the court may suspend the operation of such revocation or suspension 
during the pendency of such suit and upon such terms as the court 
may deem proper to protect the public interest. 
If upon the trial of any such suit, it shall appear that any issue, 
arising therein has not theretofore been presented to or determined by 
the department, the court shall, before proceeding to render judg- 
ment, transmit to the department a statement of such issue or issues 
and shall stay further proceedings for fifteen days. Further stay may 
be granted from time to time. Upon the receipt of such statement, the 
department shall consider the issues not theretofore determined, and 
upon the action and report of a majority of the committee on funeral 
directing and embalming, may alter, modify, amend or rescind its de- 
cision and shall report its order thereon to the court without unneces- 
sary delay. Thereupon, the court shall proceed with such action and 
shall have power to revise all questions of law and fact arising on the 
record. 
The department shall not be required to certify the record of 
its proceedings to such court unless the person commencing the pro- 
ceedings shall pay to the department the sum of five cents per hun- 
dred words of testimony taken by the department, and three cents 
per hundred words of all other matters contained in such record. 
Exhibits shall be certified without cost. PUBLIC HEALTH RULES 
119 
Judgments and orders of such court under tills section, upon the 
application of the department or of the person affected, shall be re- 
viewed only by the Supreme Court by notice of appeal which the Su- 
preme Court in its discretion may grant leave to file upon application 
showing probable error, which application for leave to file notice of 
appeal must be filed not later than the second day of the first term 
of the Supreme Court following the rendition of the judgment or 
order sought to be reviewed. But if the first day of said term is less 
than thirty days from the rendition of said judgment or order, then 
said application for leave to appeal may be made not later than the 
second day of the second term following the rendition thereof, but 
not otherwise. The notice of appeal filed upon leave granted shall 
operate as a supersedeas. 
Except as is provided in this Section the procedure and practice 
as to presentation, filing, serving, docketing and answering the appli- 
cation for leave to appeal and the presentation of the appeal record 
and the abstract thereof, shall be the same as in other civil cases of 
application to the Supreme Court for leave to appeal. 
S.H.A. lliy2 § 73.24; J.A. 44.17(24). 
73.25. Rules and regulations.] § 5. The Department is au- 
thorized to make reasonable rules and regulations relating to the en- 
forcement of this Act. The Department shall require each funeral 
director to maintain a preparation room properly equipped with 
necessary drainage and ventilation facilities and containing instru- 
ments and supplies necessary for the preparation and embalming of 
dead human bodies for burial or transportation. (See “Instructions 
and Information for Undertakers” printed by the State Depart- 
ment of Public Health.) 
S.H.A. 111% § 73.25; J.A. 44.17(25). 
73.26. Fees.] § 6. The fee to be paid by an applicant for an 
examination to determine his fitness to receive a certificate of registra- 
tion as a registered funeral director or registered embalmer is five 
dollars ($5.00). 
The fee to be paid by an applicant for an examination to de- 
termine his primary education is two dollars ($2.00). 
The fee to be paid upon the renewal of a certificate of registra- 
tion is two dollars ($2.00). 
The fee to be paid by an applicant for a certificate of registration 
as a registered funeral director or a registered embalmer who is a 
funeral director or an embalmer registered or licensed under the 
laws of another State or territory of the United States or of a foreign 
country or province is ten dollars ($10.00). 
The fee to be paid by an applicant for a certificate of registration 
as a registered apprentice in embalming is two dollars ($2.00). 
The fee to be paid by any person who is engaged in the practice 
of funeral directing on July 1, 1935, for a certificate of registration 
as a registered funeral director under the provisions of Section 4, of 
Article I of this Act1 is five dollars ($5.00). 
1 Section 73.4, ante. 120 
PUBLIC HEALTH LAWS 
The fee to be paid for the restoration of an expired certificate of 
registration is two dollars ($2.00). 
S.H.A. 111% § 73.26; J.A. 44.17(26). 
73.27. Penalties for violations.] § 7. Each of the following 
acts is a misdemeanor punishable upon conviction by a fine of not 
less than fifty dollars ($50.00) nor more than two hundred dollars 
($200.00) or by imprisonment in the county jail for not less than ten 
(10) days nor more than [three] (3) months or by both such fine and 
imprisonment: 
(a) The practice of funeral directing or of embalming or an 
attempt to practice funeral directing or embalming without a certifi- 
cate of registration as a registered funeral director or a registered 
embalmer respectively; 
(b) Service as an apprentice under a registered embalmer or 
an attempt to serve as an apprentice under a registered embalmer 
without a certificate of registration as an apprentice; 
(c) The obtaining of or the attempting to obtain a certificate of 
registration, or business, or any other thing of value by fraudulent 
representation; 
(d) Permitting any person in one’s employ, or under one’s 
service to serve as a funeral director, or as an embalmer, or as an ap- 
prentice under a registered embalmer unless that person has a certifi- 
cate of registration as a registered funeral director, or as a registered 
embalmer, or as a registered apprentice, as the case may be; and 
(e) The failure to display the certificate of registration as re- 
quired in Section 7 of Article I1 and Section 7 of Article II of this 
Act.2 
If any person in making any oath or affidavit required by this 
Act swears falsely, such person is guilty of perjury and upon convic- 
tion thereof shall be punished accordingly. 
S.H.A. HIM. § 73.27; J.A. 44.17(27). 
73.28. Record to be kept by department.] § 8. The Depart- 
ment shall keep a record which shall be open to public inspection at 
all reasonable times, of its proceedings relating to the issuance, re- 
fusal, renewal, suspension and revocation of certificates of registration. 
This record shall also contain the name, known place of business and 
residence, and the date and number of the certificate of registration 
of every registered funeral director, registered embalmer and regis- 
tered apprentice in this State. 
S.H.A. 111% § 73.28; J.A. 44.17(28). 
73.29. Persons exempt from act—Jurisdiction of cities and 
villages.] § 9. No provision of this Act shall apply to, or in any 
way interfere with the duties of any officer of any public institution, 
nor with the duties of any officer of a medical college, county medical 
society, anatomical association, college of embalming, or any other 
recognized person carrying out the provision of the sections of the 
Statutes of the State of Illinois, prescribing the conditions under 
1 Section 73.7 ante. 
2 Section 73.17, ante. COMMUNITY NURSES 
121 
which indigent dead human bodies are held subject for scientific or 
anatomical study; nor with the customs of rites of any religious sect 
in the burial of their dead. 
Nothing in this Act shall have the effect of limiting the power of 
cities and villages to tax, license and regulate funeral directors, un- 
dertakers and undertaking establishments. The requirements hereof 
shall be in addition to the requirements of any existing or future 
ordinance of any city or village so taxing, licensing or regulating 
funeral directors, undertakers and undertaking establishments. 
S.H.A. lliy2 § 73.29; J.A. 44.17(29). 
73.30. Partial invalidity.] § 10. The provisions of this Act 
are hereby declared to be separable and if any section or part of the 
Act is declared to be unconstitutional such unconstitutionality shall 
not affect the validity of the remaining portions of the Act if they can 
be given effect without the invalid portions. 
S.H.A. my. § 73.30; J.A. 44.17(30). 
73.31. Act repealed.] § 11. “An Act to revise the law in re- 
lation to the regulation of the practice of embalming,” approved 
June 24, 1919,1 as amended, is repealed. 
S.H.A. lliy2 § 73.31; J.A. 44.17(31). 
COMMUNITY NURSES 
An Act providing for community nurses in certain cities, villages 
and incorporated towns and permitting a tax therefor. [Ap- 
proved June 30, 1925. L. 1925, p. 193.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly; 
35d. Appointment.] § 1. The mayor of any city, village or 
incorporated town in the State, having a population of more than five 
thousand (5,000) and less than one hundred thousand (100,000) in- 
habitants, which has adopted this Act, shall appoint, upon the recom- 
mendation of the municipal board of health, one or more registered 
nurses, to be known as community nurses, who shall perform such 
duties as may be assigned to them by the health officer of the munici- 
palitv. 
S.H.A. 111% § 35d; J.A. 21.619. 
35e. Tax levy.] § 2. Such city may levy a tax of not more 
than three-twentieths (3/20) mills on the dollar of assessment valua- 
tion of all property in such city to provide revenue for the salary of 
and expenses incident to the performance of the duties of the com- 
munity nurses. 
Such tax shall be in addition to the maximum of taxes permit- 
ted under section 1 of Article VIII of “An Act to provide for the in- 
corporation of cities and villages,” approved April 10, 1872, as 
amended. [As amended by act approved Julv 7, 1927. L. 1927, 
p. 233.] 
S.H.A. 111% § 35e; J.A. 21.620. 
1 Laws 1919, p. 528. 122 
PUBLIC HEALTH LAWS 
35f. Referendum.] § 3. Whenever, sixty days prior to the 
date of any regular election, one hundred or more legal voters of any 
such city, village or incorporated town, shall present a petition to the 
city council or board of trustees, as the case may be, asking that the 
question of the adoption of this Act be submitted to the voters of the 
municipality at such election, the city council or board of trustees shall 
instruct the clerk of the city, village or incorporated town to publish 
notice that the question will be submitted to the voters of the muni- 
cipality at such election. 
The question shall be submitted to the voters of the municipality 
at such election in substantially the following form: 
For the adoption of “An Act providing 
for community nurses in certain cities, vil- 
lages and incorporated towns, and permitting 
a tax therefor.” 
YES 
NO 
If a majority of the votes cast at such election are in favor of the 
adoption of this Act, it shall be adopted and be in force thereafter in 
such municipality. 
S.H.A. 111% § 35f; J.A. 21.621. 
PUBLIC HEALTH NURSING 
An Act in relation to Public Health Nursing. [Approved Mav 4, 
1931. L. 1931, p. 732.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
35g. Employment authorized.] § 1. Everjr city council, vil- 
lage board, county board or commissioners, school board and town 
board is hereby authorized and empowered to employ nurses and to 
make appropriations for the compensation and necessary expenses of 
such nurses, for such public health nursing duties as may be deemed 
necessary by such authorities respectively: Provided, whenever the 
employing authority shall be governed by any law regulating any civil 
service and the method of selecting employees, all public health nurses 
of such employing authority shall be selected and appointed under 
and subject to all provisions of such law. 
S.H.A. 111% § 35g; J.A. 91.15. 
35h. Qualifications—“Department” and “Committee” de- 
fined.] § 2. All nurses employed as public health nurses by public 
authorities shall be registered under the “Illinois Nursing Act”1 and 
must be certified as qualified to perform the duties of public health 
nursing in accordance with the minimum standards therefor adopted 
by the Department of Registration and Education. Provided, that a 
nurse registered in this State may be employed without certification 
for not more than one year as an assistant to registered and certi- 
fied public health nurse, except where the method of selecting and 
classifying nurses is prescribed by civil service law. PUBLIC HEALTH NURSING 
123 
The word “Department,” whenever used in this Act shall mean 
the Department of Registration and Education; and the word “Com- 
mittee” shall mean the Examining Committee provided for in the 
“Illinois Nursing Act.”1 [As amended by act approved Julv 12, 
1937. L. 1937, p. 913, (H.B.N.1048).] 
S.H.A. lliy2 § 35h; J.A. 91.16. 
35hl. Application.] § 2-A. Every Illinois registered nurse 
who desires to obtain a certificate of registration as a certified Public 
Health Nurse shall apply to the Department in writing, upon blanks 
prepared and furnished by the Department of Registration and Edu- 
cation. Each application shall contain proof of the particular quali- 
fications required of the applicant, shall be verified by the applicant, 
under oath, and shall be accompanied by the required fee. [Added 
by act approved Julv 12, 1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35hl; J.A. 91.16(1). 
35i. § 3. Repealed by act approved July 12, 1937. L. 1937, 
p. 998. 
35il. Powers and duties of Department of Registration and 
Education.] § 3-A. The Department of Registration and Education 
shall exercise, but subject to the provisions of the Act, the follow- 
ing functions, powers and duties: 
1. Conduct examinations to ascertain the qualifications and 
fitness of applicants for certificates of registration as certified public 
health nurses and pass upon the qualifications of applicants for 
reciprocal licenses, certificates and authorities. 
2. Prescribe rules and regulations for a method of examina- 
tion of candidates. 
3. Prescribe rules and regulations defining what shall consti- 
tute a school, college or university or department of a university, or 
other institution or organization reputable and in good standing and to 
determine the reputability and good standing of a school, college, or 
other institution or organization reputable and in good standing by 
reference to a compliance with such rules and regulations; provided 
that no school, college or university, or department of a university 
or other institution or organization that refuses admittance to 
applicants, solely on account of race, color or creed shall be con- 
sidered reputable and in good standing. 
4. Adopt rules providing for and establishing a uniform and 
reasonable standard of maintenance, instruction, and training to be 
observed by all schools or organizations for public health nurses 
which are to be deemed reputable and in good standing and to 
determine the reputability and good standing of such schools or 
organizations for public health nurses by reference to compliance 
with such rules and regulations. 
5. Establish a standard of preliminary education deemed re- 
quisite to admission to a school, college, university, institution or 
organization and to require satisfactory proof of the enforcement 
of such standard by said school, college, university, institution or 
organization. 
1 Chapter 91, § § 23-35. 124 
PUBLIC HEALTH LAWS 
6. Conduct hearings on proceedings to revoke or refuse re- 
newal of licenses, certificates or authorities of persons applying for 
registration or registered under the provisions of this Act and to 
revoke or refuse to renew such licenses or certificates or authorities. 
7. Formulate rules and regulations for the administration of 
this Act. 
None of the foregoing functions, powers or duties enumerated 
shall be exercised by the Department of Registration and Education 
except upon the action and report in writing of the Examining 
Committee provided for in the “Illinois Nursing Act.”1 [Added by 
act approved July 12, 1937. L.1937, p. 998.] 
S.H.A. 111% § 35il; J.A. 91.17(1). 
35j. § 4. Repealed by act approved July 12, 1937. L. 1937, p. 
998.] 
35jl. Qualifications for certificate.] § 4-A. A person is 
qualified to receive a certificate as a certified Public Health Nurse: 
(a) Who is at least twenty-one years of age: 
(b) Who is of good moral character and temperate habits: 
(c) Who holds a certificate of registration as a registered 
nurse under the “Illinois Nursing Act:”1 
(d) Who has completed at least one of the following require- 
ments : 
1. One year of experience under the direct supervision of a 
registered and certified public health nurse, together with a four 
months’ course in public health nursing in a unversity or college 
approved by the Department of Registration and Education. 
2. One year of experience under the supervision of an organ- 
ized public health nursing staff approved by the Department of 
Registration and Education, together with a four months’ course 
in public health nursing in a university or college approved by the 
Department of Registration and Education. 
3. A one year’s course in public health nursing in a university 
or college approved by the Department of Registration and Educa- 
tion. 
(e) Who has passed an examination conducted by the Depart- 
ment of Registration and Education to determine his or her fitness 
to receive a certificate of registration as a registered nurse. [Added 
by Act approved July 12, 1937. L. 1937, p. 998.] 
35k. § 5. Repealed by Act approved July 12, 1937. L. 1937, 
p. 998. 
35kl. Issuance of certificate — Certificates heretofore 
issued.] § 5-A. Whenever the provisions of this Act have been 
complied with, the Department shall issue a certificate of registra- 
tion as a certified public health nurse. 
Any certificate of registration heretofore issued under the laws 
of this State, authorizing its holder to practice nursing as a certified 
public health nurse shall serve the same purpose as the certificate of 
1 Chapter 91, § § 23-35. ANNUAL REGISTRATION 
125 
registration as a certified public health nurse provided for by this 
Act. [Added by Act approved Julv 12, 1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35kl; J.A. 91.19(1). 
351. Department of Public Health to aid—Reports.] § 6. 
Public health nurses shall receive upon request the aid and advice 
of the Department of Public Health in regard to nursing problems 
and such public health nurses shall make written reports with the 
consent of the council, board, or other authority employing them 
to said Department of Public Health, in such form and at such times 
as shall be prescribed by said department. 
S.H.A. lliy2 § 351; J.A. 9L20. 
35.1. Renewal of certificate.] § 7, Every certified public 
health nurse who continues in active practice shall, annually, on 
or before the first day of April, renew his or her certificate of regis- 
tration by the payment of a renewal fee therefor unless a renewal 
fee is paid as a registered nurse under the “Illinois Nursing Act”. 
The payment of an annual renewal fee as a registered nurse under 
the “Illinois Nursing Act” shall constitute a renewal of the certifi- 
cate issued under this Act. Every certificate of registration which 
has not been renewed during the month of April in any year shall 
expire on the thirtieth day of April in that year. A certified public 
health nurse whose certificate of registration has expired may renew 
his or her certificate of registration only upon payment of the re- 
quired restoration fee. 
Any certified public health nurse who retires from the practice 
of public health nursing for not more than five years may renew 
his or her certificate of registration only upon payment of all lapsed 
fees. [Added by Act approved July 1*2, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.1; J.A. 91.21. 
35.2. Causes for refusal to issue or renew or for suspension 
or revocation—Hearings.] § 8. The Department may either refuse 
to issue, or may refuse to renew, or may suspend, or may revoke, 
any certificate of registration, for any, or any combination of the 
following causes: 
(a) The wilful violation, of, or the wilful procuring of, or 
knowingly assisting in the violation of, any Act which is now or 
which hereafter may be in force in this State relating to the use of 
habit forming drugs; 
(b) The wilful violation of, or the wilful procuring of, or 
knowingly assisting in the violation of any Act, which is now or 
which hereafter may be in force in this State relating to the practice 
of abortion; 
(c) The obtaining of, or an attempt to obtain a certificate of 
registration or practice in the profession, or money, or any other 
thing of value by fraudulent representation; 
(d) Gross negligence in the practice of public health nursing; 
(e) Continued practice by a person knowingly having an in- 
fectious, communicable, or contagious disease; 
1 Chapter 91, § § 23-35. 126 
PUBLIC HEALTH LAWS 
(f) Habitual drunkenness, or habitual addiction to the use of 
morphine, cocaine, or other habit forming drugs. 
The Department may upon its own motion, and shall upon the 
verified complaint in writing of any person setting forth facts which 
if proven would constitute grounds for refusal, suspension or revo- 
cation as hereinabove set forth, investigate the actions of any person 
holding or claiming to hold a certificate. The Department shall, 
before refusing to issue, suspending or revoking any certificate, at 
least ten (10) days prior to the date set for the hearing, notify 
in writing the applicant or the holder of such certificate of any 
charges made and shall afford such accused person an opportunity 
to be heard in person or by counsel in reference thereto. Such 
written notice may be served by delivery of the same personally 
to the accused person, or by registered mail to the place of business 
last theretofore specified by the accused person in his last notifica- 
tion to the Department. At the time and place fixed in the notice, 
the Committee designated by the Director of Registration and 
Education, as provided in the “Illinois Nursing Act”1 shall proceed 
to hearing of the charges and both the accused person and the com- 
plainant shall be accorded ample opportunity to present in person 
or by counsel, such statements, testimony, evidence and argument 
as may be pertinent to the charges or to any defense thereto. The 
Committee, as aforesaid, may continue such hearings from time to 
time. If the said Committee shall not be sitting at the time and 
place fixed in the notice or at the time and place to which hearing 
shall have been continued, the Department shall continue such 
hearing for a period not to exceed thirty (30) days. [Added by 
Act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.2; J.A. 91.22. 
35.3. Subpoenas—Oaths.] § 9. The Department shall have 
power to subpoena and bring before it any person in this State and 
to take testimony either orally or by deposition, or both, with the 
same fees and mileage and in the same manner as prescribed by law 
in judicial procedure in civil cases in courts of this State. 
The Director, Assistant Director, Superintendent of Registration 
and any member of the Committee designated by the Director shall 
each have power to administer oaths to witnesses at any hearing which 
the Department is authorized by law to conduct, and any other oaths 
required or authorized in any Act administered by the Department. 
[Added by act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.3; J.A. 91.23. 
35.4. Compelling attendance of witnesses.] § 10. Any cir- 
cuit or superior court or any judge thereof, either in term time or 
vacation, upon the application of the accused person or complainant 
or of the Department, may, by order duly entered, require the atten- 
dance of witnesses and the production of relevant books and papers 
before the Department in any hearing relative to the application for 
or refusal, suspension or revocation of certificate of registration, and 
1 Chapter 91, § § 23-35. NURSING CERTIFICATE 
127 
the court or judge may compel obedience to its or his order by proceed- 
ings for contempt. [Added by act approved July 12, 1937. L. 1937, 
p. 1001, (H. B. No. 1048).] 
S.H.A. lliy2 § 35.4; J.A. —. 
35.5. Record of proceedings.] § 11. The Department, at its 
expense, shall provide a stenographer to take down the testimony 
and preserve a record of all proceedings at the hearing of any case 
wherein a certificate is revoked or suspended. The notice of hearing, 
complaint and all other documents in the nature of pleadings, the 
transcript of testimony, the report of the Committee and the orders 
of the Department shall be the record of such proceedings. The De- 
partment shall furnish a transcript of such record to any person 
interested in such hearing upon payment therefor of twenty-five cents 
per one hundred words for each original transcript and eight cents 
per one hundred words for each carbon copy thereof ordered with 
the original: Provided, that the charge for any part of such tran- 
script ordered and paid for previous to the writing of the original 
record thereof shall be eight cents per hundred words. [Added by 
act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.5; J.A. 91.25. 
35.6. Report of committee—Rehearing.] § 12. The Com- 
mittee shall present to the Director its written report of its findings 
and recommendations. A copy of such report shall be served upon 
the accused person, either personally or by registered mail as pro- 
vided in this section for the service of the citation. Within twenty 
(20) days after such service, said accused person may present to 
the Department his motion in writing for a rehearing, which written 
motion shall specify the particular grounds therefor. If said accused 
person shall order and pay for a transcript of the record as provided 
in this section, the time elapsing thereafter and before such tran- 
script is ready for delivery to him shall not be counted as part of 
such twenty days. [Added by act approved July 12, 1937. L. 1937, 
p. 998 (H. B. No. 1048).] 
S.H.A. lliy2 § 35.6; J.A. 91.26. 
35.7. Restoration op certificate.] § 13. At any time after 
the suspension or revocation of any certificate, the Department may 
restore it to the accused person without examination, upon the written 
recommendation of the Committee designated by the Director, [Added 
by act approved July 12, 1937. L. 1937, p. 1002, (H. B. No. 1048).] 
S.H.A. lliy2 § 35.7; J.A. 91.26. 
35.8. Review by circuit court.] § 14. The circuit or superior 
court of the county wherein the accused person resides shall have 
power to review any order of revocation or suspension and all ques- 
tions of law and fact thereon by writ of certiorari to the Department, 
provided that if the accused person is not a resident of this State 
and that the venue is not otherwise fixed herein, such venue shall be 
in the 1 Sangamon County. Such writ shall be issued by the Clerk of 
the Court upon praecipe and it shall be served at least ten days before 
1 So in enrolled bill. Probably should be omitted. 128 
PUBLIC HEALTH LAWS 
the return day thereof. Service upon the Director, Assistant Director, 
or Superintendent of Registration shall be service on the Department. 
Such suit shall be commenced within twenty days of the accused 
person’s receipt of notice of the order of refusal, revocation or suspen- 
sion. The Department shall not be required to certify the record of 
its proceedings unless the accused person shall first pay to it the sum 
of five cents per one hundred words of such record. Exhibits shall 
be certified without cost. 
No Department order of suspension or revocation shall be set 
aside or vacated on any ground not specified in the written motion 
for rehearing provided in this Act. [Added by act approved Julv 12, 
1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35.8; J.A. 91.27. 
35.9. Order to be prima facie proof.] § 15. An order of revo- 
cation or suspension or a certified copy thereof, over the seal of the 
Department and purporting to be signed by the Director shall be 
prima facie proof that 
1. Such signature is the genuine signature of the Director. 
2. That such Director is duly appointed and qualified. 
3. That the Committee and the members thereof are qualified to 
act. 
Such proof may be rebutted. Such order of revocation or suspen- 
sion shall be conclusive proof that all precedent and concurrent acts 
of Department officers and of the Committee necessary to the validity 
of such order were pursuant to authority conferred by the Director. 
| Added by act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35.9; J.A. 91.29.' 
35.10. Appeals to Supreme Court.] § 16. Appeals from all 
final orders and judgments entered by a circuit or superior court in 
review of an order of the Department may be taken directly to the 
Supreme Court by either party to the action within sixty days after 
service of a copy of the order or judgment of the circuit or superior 
court, and shall be governed by the rules applying to other civil cases 
appealed to said Supreme Court, except that formal pleadings shall 
not be required. [Added by act approved July 12, 1937. L. 1937, p. 
998.] 
S.H.A. lliy2 § 35.10; J.A. 91.30. 
35.11. Stay of operation of order.] § 17. The pendency of 
an appeal or writ of certiorari shall not of itself stay or suspend the 
operation of an order of revocation or suspension; but during the 
pendency of such suit or appeal, the circuit or superior court or the 
Supreme Court, as the case may be, in its discretion, may stay the 
operation of such order in whole or in part upon such terms and con- 
ditions as the court may prescribe. 
No such stay shall be granted by the court otherwise than upon 
ten days notice to the Department and after a hearing. [Added by 
act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35.11; J.A. 91.31. VIOLATION OF NURSING LAW 
129 
35.12. Issuance of certificates to nurses registered in an- 
other state or country.] § 18. Upon payment of the required fee, 
an applicant who is a public health nurse registered or licensed under 
the laws of another state or territory of the United States, or of a 
foreign country or province, may without examination, be granted a 
certificate of registration as a public health nurse by the Department 
of Registration and Education, in its discretion, upon the following 
conditions: 
(a) That the applicant is at least 22 years of age; of good moral 
character and temperate habits; and, 
(b) That the requirements for the registration or licensing of 
public health nurses in the particular state, territory, country or 
province, were, at the date of the license, substantially equal to the 
requirements then in force in this State. [Added by act approved 
July 12, 1937. L. 1937, p. 998.] 
S.H.A. lliy2 § 35.12; J.A. 91.32. 
35.13. Fees.] § 19. The fee to be paid by an applicant for an 
examination to determine his or her fitness to receive a certificate of 
registration as a certified public health nurse is five dollars ($5.00). 
The fee to be paid upon the renewal of a certificate of registra- 
tion for public health nurses who do not pay an annual renewal fee 
as a registered nurse under the “Illinois Nursing Act” 1 is one dollar 
($1.00). 
The fee to be paid by an applicant for a certificate of registration 
who is a certified public health nurse registered or licensed under the 
laws of another state or territory of the United States, or of a foreign 
country or province, is five dollars ($5.00). 
The fee to be paid for the restoration of an expired certificate of 
registration as a certified public health nurse is two dollars ($2.00). 
[Added by act approved July 12, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.13; J.A. 91.33. 
35.14. Offenses—Penalties.] § 20. Each of the following 
acts constitutes a misdemeanor, punishable upon conviction by a fine 
of not less than twenty-five dollars ($25.00), nor more than two hun- 
dred dollars ($200.00) ; 
(a) The practice of public health nursing or an attempt to prac- 
tice public health nursing as a certified public nurse without a certifi- 
cate of registration as a certified public health nurse; 
(b) The obtaining of, or an attempt to obtain, a certificate of 
registration, or practice in the profession, or money, or any other 
thing of value, by fraudulent representation; 
(c) The making of any wilfully false oath or affirmation as 
required by this Act. 
(d) Being employed as a public health nurse or performing the 
duties of a public health nurse for any public authority without being 
registered as a certified public health nurse. 
1 Chapter 91, § § 23-35. 130 
PUBLIC HEALTH LAWS 
All fines and penalties shall inure to the Department of Registra- 
tion and Education. [Added by act approved July 12, 1937. L. 1937, 
p. 998.] 
S.H.A. 111% § 35.14; J.A. 91.34. 
35.15. Title of act.] § 21. This Act may be known and cited 
as “The Illinois Public Health Nursing Act.” [Added by act approved 
July 12, 1937. L. 1937, p. 998.] 
S.H.A. 111% § 35.15; J.A. 91.35. 
PUBLIC HEALTH DISTRICTS 
An Act to authorize the organization of public health districts and 
for the establishment and maintenance of a health department 
for the same. [Filed June 26, 1917. L. 1917, p. 763.] 
1. Territory to be comprised in districts.] § 1. Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly: Any town, or two or more adjacent towns in counties under 
township organization, or any road district, or two or more road dis- 
tricts in counties not under township organization, or any town or 
towns in a county under township organization and an adjacent road 
district or road districts in a county not under township organization, 
may be organized into a public health district. 
S.H.A. lliy2 § 1; J.A. 58.20. 
2. Petition of voters op single town or road district filed 
with clerk.] § 2. Upon a petition containing the signatures of legal 
voters in number not less than five per cent of the total vote cast in 
any town or road district, and filed with the town or road district 
clerk at least thirty days before the regular town or road district 
election, the proposition of erecting such town or road district into 
a public health district shall be submitted to a vote of the people at 
the next regular town or road district election in the manner provided 
by this act. 
S.H.A. 111% § 2; J.A. 58.21. 
3. Petition op voters of two or more adjacent town or road 
districts filed with county clerk.] § 3. Upon a petition request- 
ing that two or more adjacent towns or road districts be erected into 
a health district and containing the signatures of legal voters in num- 
ber not less than five per cent of the total vote cast in each of two or 
more adjacent towns or road districts, and filed with the county clerk 
at least thirty days before the regular town or road district election, 
the proposition of erecting such towns or road districts, or town and 
road district into a public health district shall be submitted to a vote 
of the people of such towns or road districts at the next regular town 
or road district election in the manner provided by this act. 
Where the towns or road districts desiring to be erected into a 
health district are in two or more counties, the petition shall be filed 
with the county clerk of the county in which the greater population 
of the proposed health district is located. 
S.H.A. 111% § 3; J.A. 58.22. PUBLIC HEALTH DISTRICTS 
131 
4. Town or road district clerk to give notice of election.] 
§ 4. Upon the filing of such petition with the town or road district 
clerk, the town or road district clerk shall, when giving notice of the 
holding of the next regular town or district election, also give notice 
that a vote will be taken at the regular town or district election for 
or against the proposition of the erection of the town or road district 
into a public health district, 
S.H.A. lliy2 § 4; J.A. 58.23. 
5. County clerk to give notice of election.] § 5. Upon the 
filing of such petition with the county clerk, such county clerk shall, 
at least twenty days prior to the regular town or district election, 
certify to the town or district clerk of each town or road district, 
petitions for which are on file in his office requesting that such towns 
or road districts be erected into a public health district, that the prop- 
osition of erecting such towns or road districts (naming them) will 
be submitted to a vote of the people of the towns or road districts 
at the regular town or road district election. The town or district 
clerk shall, when giving notice of the holding of the next regular 
town or district election, also give notice that a vote will be taken at 
the town or district election for or against the erection of the towns 
or road districts (naming them) into a public health district. 
S.H.A. 111% § 5; J.A. 58.24. 
6. Proposition to be submitted—manner.] § 6. The proposi- 
tion shall be voted upon in the same manner as a constitutional 
amendment or other public measure. 
When the proposition to be voted upon is to erect a town or road 
district into a public health district, the proposition may be sub- 
stantially in the following form: 
Shall this (town or 
road district) be erected into a public health 
district ? 
YES 
NO 
When the proposition to be voted upon is to erect two or more 
adjacent towns or road districts into a public health district, the 
proposition may be substantially in the following form: 
two or more 
district, the 
Shall this (town or road district) unite 
with the (town or road district) 
of to form a public health district ? 
YES 
NO 
S.H.A. 111% § 6; J.A. 58.25. 
7. Majority of those voting to determine issue.] § 7. When 
the proposition voted upon is to erect a single town or road district 
into a public health district, such proposition shall be carried if a 
majority of those voting upon the proposition shall vote “yes.” 
When the proposition voted upon is to erect two or more adjacent 
towns or road districts into a health district, such proposition shall 132 
PUBLIC HEALTH LAWS 
be carried if the majority of those voting upon the proposition in 
each town or road district shall vote “yes.” 
S.H.A. 1111/2 § 7; J.A. 58.26. 
8. Canvass of returns—single town or road district.] § 8. 
When the proposition is submitted to the voters of a single town or 
road district, the ballots shall be counted, the returns canvassed and 
the result declared as in the ease of a regular town or district election. 
S.H.A. lliy2 § 8; J.A. 58.27. 
9. Canvass op returns by county clerk.] § 9. When the 
proposition is submitted to the voters of two or more adjacent towns 
or road districts, the ballots shall be counted, and the returns made 
to the county clerk of the county wherein the petition was filed as in 
the case of returns to the county clerk at a general election. The 
returns shall be opened and canvassed by the county clerk, with the 
assistance of two justices of the peace of the county, and the result 
declared. 
S.H.A. Illy2 § 9; J.A. 58.28, 
10. Result op vote to be recorded.] § 10. The town or dis- 
trict clerk, or the county clerk, as the case may be, shall record the 
result of the vote upon the proposition and such result may be proved 
in all courts and in all proceedings by such record or by a certified 
copy thereof. 
S.H.A. 111% § 10; J.A. 58.29. 
11. Board op health—membership.] § 11. In counties not 
under township organization the county commissioners shall be the 
board of health for each public health district in the county. 
Where a public health district, in counties under township organ- 
ization, consists of a single town, the supervisor, assessor and town 
clerk of such town shall be the board of health for such public health 
district. 
Where a public health district consists of two or more adjacent 
towns, the supervisors of such towns, together with the chairman of 
tne county board, shall be the board of health for such public health 
district. 
Where a public health district consists of a town or towns in a 
county under township organization united with a road district or 
road districts in a county not under township organization, the super- 
visor or supervisors of the town or towns, together with the road 
district clerk or road district clerks, shall be the board of health for 
such public health district. 
A majority of the board shall constitute a quorum for the trans- 
action of business. 
S.H.A. 111% § 11; J.A. 58.30. 
12. Boards op health to organize—When.] § 12. The board 
of health shall meet in some convenient place in the public health 
district within two weeks after the declaration of the results of the 
election, and shall elect from their own number a chairman and a 
secretary, and, either from their own number or otherwise, a 
treasurer. 
S.H.A. 111% § 12; J.A. 58.31. COLEMAN ACT 
133 
13. Name for public health district — When organization 
complete.] § 13. The board of health shall, at its first meeting, 
select a suitable name for the public health district and file the 
same with the county clerk, or county clerks, of the county or 
counties in which the district is located, and thenceforth the public 
health district shall be a body corporate and shall be known by that 
name. Upon the filing of such name with the county clerk, or county 
clerks, the public health district shall be deemed to be completely 
organized. 
S.H.A. lliy2 § 13; J.A. 58.32. 
14. Courts to take judicial notice of public health dis- 
tricts.] § 14. All courts shall take judicial notice of all public 
health districts organized under this act. 
S.H.A. 111% § 14; J.A. 58.33. 
15. Powers and duties of boards of health.] § 15. Each 
board of health shall have power and it shall be its duty: 
1. To hold an annual meeting on the second Tuesday in April, 
of each year, at which meeting officers shall be elected for the 
ensuing year; 
2. To hold meetings quarterly on the second Tuesday of Jan- 
uary, April, July and October; 
3. To hold special meetings upon a written request signed 
by two members and filed with the Secretary; 
4. To levy, annually, in addition to all other taxes which are 
now or hereafter may be authorized to be levied on the aggregate 
valuation of all property within the public health district, a special 
“public health tax” not to exceed one and one-third mills on the 
dollar on all taxable property embraced within such public health 
district, according to the valuation of the same as made for the 
purpose of State and county taxation to form when collected, 
a fund to be known as the “public health fund;” 
5. To appoint a public health officer from a list of eligibles 
supplied by the State Department of Public Health; 
6. To appoint, upon the advice and approval of the public 
health officer, such nurses, chemists, experts, clerks and assistants 
as the public health officer may deem necessary; 
7. To fix the compensation of the public health officer, which 
shall in no case be less than one thousand five hundred dollars; 
8. To establish, equip and maintain an analytical biological 
and research laboratory; 
9. To provide, equip and maintain suitable offices, facilities 
and appliances for the health officer and his assistants; 
10. To pay, from the “public health fund,” the salary of the 
public health officer and the salaries of all appointees and employees 
and the expense of maintenance of the public health department, 
including therein the expense of administering the sanitation and 
health laws and ordinances; 
11. To acquire and hold, in the name of the public health 
district, real estate and personal property; 
12. To receive contributions of money or property; 134 
PUBLIC HEALTH LAWS 
13. To publish, annually, on or soon after the second Tuesday 
in April, in pamphlet form, for free distribution, an annual report 
showing the condition of their trust on the first day of April of that 
year, the sums of money received from taxation and from other 
sources, giving the name of the donor, how all moneys have been 
expended and for what purpose, and such other statistics and in- 
formation in regard to the work of the health department as they 
may deem of general interest. [As amended by act approved July 
7, 1927. L. 1927, p. 700.]. 
S.H.A. lliy2 § 15; J.A. 58.34. 
16. State department of public health to select public 
health officers.] § 16. It shall be the duty of the State Depart- 
ment of Public Health to prepare, by open, competitive examina- 
tion, of which notice shall be given in the ‘‘official newspaper,” 
selected by the Department of Public Works and Buildings, for at 
least three weeks prior to the holding of such examination, a list 
of eligibles for appointment as public health officers. 
S.H.A. 111% § 16; J.A. 58.35. 
17. Powers and duties of public health officers.] § 17. The 
public health officer shall have power, and it shall be his duty: 
1. To be the executive officer of the board of health; 
2. To enforce and observe the rules and regulations and orders 
of the State Department of Public Health and all state laws per- 
taining to the preservation of the health of the people within the 
public health district; 
3. To exercise the rights, powers and duties of all township 
boards of health and county boards of health within the public 
health district; 
4. To execute and enforce, within the public health district, 
all city, village and incorporated town ordinances relating to nui- 
sances, public health and sanitation; 
5. To investigate the existence of any contagious or infectious 
disease within the public health district and to adopt measures, with 
the approval of the State Department of Public Health, to arrest 
the progress of the same ; 
6. To make all necessary sanitary and health investigations 
and inspections within the public health district; 
7. To establish a free dental clinic for the benefit of the school 
children of the district; 
8. To give professional advice and information to all city, 
village, incorporated town and school authorities within the public 
health district in all matters pertaining to sanitation and public 
health ; 
9. To devote his entire time to his official duties. 
S.H.A. 111% § 17; J.A. 58.36. 
18. Ordinances to be administered by public health officers.] 
§ 18. In all public health districts all ordinances of cities, villages 
and incorporated towns lying within such public health district 135 
PUBLIC HEALTH DISTRICT FUNDS 
relating to the nuisances, sanitation, and public health, shall be 
administered by the public health officer appointed pursuant to this 
act and not otherwise. 
S.H.A. lliy2 § 18; J.A. 58.37. 
19. Each board of health empowered to issue tax warrants.] 
§ 19. Each board of health, organized under this act, shall be 
empowered to issue warrants in anticipation of taxes to the same 
extent, in the same manner and with like limitations and restric- 
tions as county, city, village and incorporated town authorities. 
S.H.A. lliy2 § 19; J.A. 58.38. 
20. Certification and collection of taxes.] § 20. Each board 
of health shall, annually, on or before the first day of August of 
each year, transmit to the county clerk in which such public health 
district is located, or if the public health district is located in more 
than one county, then to the county clerk of each county in "which 
a part thereof is located, a certificate signed by the chairman and 
treasurer, setting forth the rate or percentage of such taxes by 
them levied for the purposes herein provided and it shall be, and 
is hereby made the duty of the county clerk to whom such certificate 
shall be transmitted, to set down in the general tax warrant of the 
year for the collection of the state and county taxes, in a separate 
column to be styled a “public health tax,” a tax in amount equal 
to the sum resulting from the rate or percentage so certified by 
such board of health upon the real and personal property within 
such health district, or such part thereof as may be located in his 
county, according to the valuation of the same as made for the pur- 
pose of state and county taxation; and shall set down in each 
column the amount of tax chargeable to the several persons, cor- 
porations, lots or parcels of land, liable for taxes in such public 
health district according to such rate or percentage, and the col- 
lector shall proceed to collect the same in such manner as is now 
or may hereafter be provided by law for the collection of state and 
county taxes; and the provisions of law in respect to collection 
of state and county taxes, and proceedings to enforce the same, 
which are now enforced, or which may be hereafter enacted, so 
far as applicable, shall apply to such taxes; and as fast as such tax 
shall be collected by the collector or other officer receiving the same, 
it shall be paid over to such board of health, on the joint order of 
the chairman and treasurer of the board of health and shall be 
receipted for by such treasurer. The funds shall be used only for 
the purposes herein prescribed and shall be disbursed by the 
treasurer on the joint order of the chairman and secretary. A 
failure by the board of health to file the certificate with the county 
clerk in the required time shall not vitiate the assessment. 
S.H.A. 111% § 20; J.A. 58.39. 
An Act to legalize the organization of, and the acts and proceedings 
of, certain public health districts. Approved June 13, 1939. 
L. 1939, p. 1210, H. B. No. 1020. 136 
PUBLIC HEALTH LAWS 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: 
20a. Organization of certain public health districts val- 
idated.] § 1. In all cases where, prior to the passage of this Act, 
an election has been held in two or more adjacent townships in 
counties under township organization for the purpose of organizing 
a public health district in such townships under the provisions of 
“An Act to authorize the organization of public health districts and 
for the establishment and maintenance of a health department for 
the same”, filed June 26, 1917, as amended1 and a majority of the 
electors in each township voting upon the proposition voted In 
favor thereof and thereafter a board of health acted as such in such 
district, each such election is hereby made legal and valid and such 
district is hereby declared legally and validly organized and estab- 
lished as a public health district, notwithstanding the fact that the 
returns of such election were canvassed and the result thereof declared 
and the result of the vote recorded by the town clerk of each township 
instead of by the county clerk. 
S.H.A. 111% § 20a; J.A. 139.182. 
20b. Acts and proceedings of public health districts val- 
idated.] § 2. All acts and proceedings heretofore done, had or per- 
formed by each such district and the members of the board of 
health thereof, such as are authorized to he done, had or performed 
by the public health districts organized under said Act are hereby 
declared to be legal and valid in all respects. 
S.H.A. 111% § 20b; J.A. 139.183. 
1. Cities and Villages—Powers of the City Council. 
Chapter 24—An Act to provide for the incorporation of cities 
and villages. (Approved April 10, 1872. L. 1871-2, p. 218.) 
65.76—Establishment and regulation of hospitals, etc. 
SANITARIUM AND HOSPITAL LAWS 
2. Counties—Powers and Duties of Counties and County Boards. 
Chapter 34—An Act to revise the law in relation to counties. 
(Approved March 31, 1874. R. S. 1874, p. 302.) 
23— By whom corporate powers exercised. 
24— Powers. 
3. Regulation of Maternity Hospitals—General. 
Chapter 23—An Act for the licensing, inspection and regu- 
lation of maternity hospitals, lying-in homes, or other places, 
public or private, for the confinement of women, and to provide 
a penalty for the violation thereof. (Approved June 24, 1915. In 
force July 1. L. 1915, p. 254.) Amended July 14, 1939. 
341— License — Revocation — Placing children in foster family 
homes. 
342— Register to be kept—Information required. 
343— Investigation of homes. 
344— Access to institutions and records (by the State Department 
of Public Health.) 
345— Penalty. 
1 Sections l-2'0 of this chapter. HOSPITAL LAWS 
137 
4. Maternity Hospitals—Municipal. 
Chapter 23—An Act to authorize cities having a population 
of 500,000 or more to establish, erect and maintain maternity or 
lying-in hospitals and dispensaries. (Approved July 8, 1935. 
L. 1935, p. 431.) 
176a—City of over 500,000 may establish and maintain maternity 
hospitals. 
5. Contagions Disease Hospitals—Municipal. 
Chapter 23—An Act to authorize cities having a population 
of 500,000 or more to establish, erect and maintain hospitals for 
the segregation or treatment of inhabitants of the city suffering 
from any contagious or communicable disease. (Approved July 
8, 1935. 'L. 1935, p. 370.) 
176g—City of over 500,000 may establish and maintain contagious 
disease hospital. 
6. Public Hospitals Established by Cities. 
Chapter 23—An Act in relation to the establishment, pur- 
chase and maintenance of public hospitals in cities of less than 
one hundred thousand inhabitants. (Approved June 30, 1919. 
L. 1919, p. 753.) 
165 —Referendum — Tax levy for establishment of hospital or 
maintenance of existing hospital. 
165a—Use of money if hospital not established. 
166 —Mayor to appoint board of directors. 
167 —Term of office. 
168 —Vacancies. 
169 —Organization and duties of directors. 
170 —Bonds—Ordinance—Submission to voters—Exception in case 
of Federal aid prior to 1944. 
171 —Use of hospital. 
172 —Compensation for treatment—Report. 
173 —Rules and regulations. 
174 —Donations. 
175 —Equal privileges to physicians. 
176 —Partial invalidity. 
Chapter 23—An Act authorizing any city of this State having 
a population of less than 100,000 inhabitants, which has estab- 
lished and is supporting a public hospital, to reconstruct, improve, 
make extensions, repair and equip such public hospital, and to 
prescribe the mode of procedure for and to regulate the issuance 
and sale of bonds to finance such works, undertakings and 
projects. 
(Approved January 16, 1936. L. 1935-36, First Sp. Sess., p. 30.) 
176.1 —Terms defined. 
176.2 —Power to construct public work projects, issue bonds, 
acquire property. 
176.5 —Approval of state department, etc. 
176.6 —Limitation on bond issue. 
176.7 —Power to be in addition and supplemental. 
176.8 —Purpose of act. 
176.10—Termination of powers granted. 138 
PUBLIC HEALTH LAWS 
7. Municipal Tuberculosis Sanitariums. 
Chapter 24—An Act to enable cities and villages to establish 
and maintain public tuberculosis sanitariums. (Approved March 
7, 1908. L. 1907-08, p. 43.) 
542 —May establish public tuberculosis sanitariums—Tax levy— 
Abatement of 1939 levy in certain cities and villages. 
543 —Petition—Election—Tax. 
544 —Appointment of directors. 
• 545 —Appointment of directors. 
546 —Vacancies—Not to be interested in contracts. 
547 —Organization—Control of funds, etc. 
548 —Sanitarium to be free to inhabitants—Regulations—Exten- 
sion of benefits. 
549 —Donations—Monthly and annual reports. 
550 —Rules. 
551 —Gifts, etc. 
552 —Equal privilege to physicians. 
553 —Discontinuance of sanitarium. 
554 —Submission to voters. 
555 —Form of ballot. 
556 —If ratified, debts to be paid and surplus moneys transferred. 
557 —Tax levy to maintain sanitarium. 
557a—Increased tax in certain cities. 
558 —Board to determine necessity of increased tax levy. 
559 —Tax levy. 
560 —To be submitted to voters. 
561 —Form of ballot 
561a—Proceedings levying taxes for sanitariums validated. 
8. Hospital Service Corporations. 
Chapter 32—An Act to provide for the incorporation and 
regulation of non-profit Hospital Service Corporations. (Approved 
July 6, 1935. L. 1935, p. 621.) 
551— Title of act. 
552— Secretary of State to issue certificates of incorporation. 
553— Corporations to furnish service to subscribers under act and 
exempt from insurance code. 
554— -Not for profit corporation act to apply—Directors—Approval 
of articles of incorporation. 
555— Contracts to furnish hospital service to subscribers—Rates 
for hospital service. Payments to hospitals. 
556— Annual statement. 
557— Visitation and examination of corporation. 
558— Cost of soliciting subscribers. 
559— Investment of funds. 
560— Disputes between corporation and hospital. Review of deci- 
sions. 
561— Dissolution or liquidation. 
562— Exemption from taxation. 
TUBERCULOSIS SANITARIUM DISTRICTS, I. 
An Act to provide for the creation and management of tuberculosis 
sanitarium districts. [Approved May 21, 1937. L. 1937, p. 470.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
177a. Organization of tuberculosis sanitarium districts— 
petition—election.] § 1. Any area of contiguous territory lying 
wholly within one county but entirely outside the corporate limits of TUBERCULOSIS SANITARIUM DISTRICT 
139 
any city or village which has adopted “An Act to enable cities and 
villages to establish and maintain public tuberculosis sanitariums,” 
approved March 7, 1908, as amended,1 may be incorporated as a tuber- 
culosis sanitarium district in the following manner, to wit: 
Any one hundred legal voters residing within the limits of such 
proposed district may petition a county judge of the county in which 
such proposed district lies, to cause the question to be submitted to 
the legal voters of such proposed district whether or not it shall be 
organized as a tuberculosis sanitarium district under this Act. Such 
petition shall be addressed to the county judge of the county in which 
such proposed tuberculosis sanitarium district is situated and shall 
contain a definite description of the territory intended to be embraced 
in such district, and the name of such district. Upon the filing of 
such petition in the office of the clerk of the county court of the county 
in which such territory is situated, it shall be the duty of such county 
judge, to whom such petition is assigned, to fix a day and hour for the 
public consideration thereof, which shall not be less than fifteen days 
after the filing of such petition. Such county judge shall cause a 
notice of the time and place of such public consideration to be pub- 
lished three successive days in some newspaper having a general cir- 
culation in the territory proposed to be placed in such district. The 
date of the last publication of such notice shall not be less than five 
days prior to the time set for such public hearing. At the time and 
place fixed for such public hearing said county judge shall sit and 
hear any person owning property in such proposed district who de- 
sires to be heard, and if said county judge shall find that all of the 
provisions of this Act have been complied with, he shall cause to be 
entered upon the records of the county court of such county, an order 
fixing and defining the boundaries and the name of such proposed dis- 
trict in accordance with the prayer of the petition. In the event that 
any other petition or petitions for the organization of a tuberculosis 
sanitarium district or districts in the same county shall be filed under 
this Act before the time fixed for the public hearing of the first peti- 
tion, said county judge shall postpone the public consideration of the 
first petition so that the hearing of all said petitions shall be set for 
the same day and hour. 
Should two or more petitions be filed under this Act and come 
on for hearing at the same time and it shall be found by said county 
judge that any of the territory embraced in any one of said petitions 
is included in or contiguous with the territory embraced in any other 
petition or petitions, said county judge may include all of the terri- 
tory described in such petitions in one district and shall fix the name 
proposed in the petition first filed as the name for said district. After 
the entry of the order fixing and defining the boundaries and the 
name of such proposed district, it shall be the duty of said county 
judge to order to be submitted to the legal voters of such proposed 
district at any special or general election held therein, the question of 
the organization of such proposed district, and he shall give notice 
thereof by causing ten notices of such election to be posted in public 
places within such proposed district, and one notice thereof to be 
published at least five days prior to the date of such submission in 140 
PUBLIC HEALTH LAWS 
some newspaper having a general circulation in the proposed district. 
Said notices shall contain a definite description of the territory in- 
tended to be embraced in such district, and the name of such district. 
S.H.A. 23 § 177a; J.A. 33.185(1). 
177b. Ballot—Result of election.] § 2. The ballots to be 
used at such election shall be substantially in the following form: 
“Shall there be organized a tuberculosis sanitarium 
district in accordance with the order of the judge of 
the county court of county, under the date of 
the day of 19, , to be known as (in- 
sert here the name of the proposed district as entered 
in the order of the judge of the county court) and de- 
scribed as follows: (Insert description of proposed 
district as entered in the order of the judge of the 
county court)” 
YES 
NO 
The returns of such election in each of the proposed districts 
shall be made to the clerk of the county court of such county and 
shall be canvassed by him and he shall cause a statement of the 
result of such election in each district to be entered upon the 
records of the county court of such county, and if a majority of 
the votes cast in any district upon such question is found to be in 
favor of the organization of such tuberculosis sanitarium district, 
such tuberculosis sanitarium district shall thenceforth be deemed 
an organized tuberculosis sanitarium district under this Act. 
S.H.A. 23 § 177b; J.A. 33.185(2). 
177c. Board of directors—District to be body corporate.] 
§ 3. All courts shall take judicial notice of all tuberculosis sani- 
tarium districts organized under this Act. The affairs of such 
district shall be managed by a board of three directors, appointed 
by the county judge of the county in which such district is situated. 
At least one member of the board of directors shall be a licensed 
physician, and all shall be chosen with reference to their special 
fitness for such office. The first appointments shall be made within 
ninety days and not sooner than sixty days after such district has been 
organized as provided herein. Each member of such board shall 
be a legal voter in such district. At the time of the making of the 
first appointments, one director shall be appointed for a term of 
one year, one for a term of two years, and one for a term of three 
years and until their successors are appointed and qualified and at 
the expiration of the term of any member, his successor shall be 
appointed in like manner for a term of three years and until his 
successor is appointed and qualified; provided, that no more than 
two members of such board shall be of the same political party. 
Each member of the board before entering upon the duties of his 
office shall take the oath prescribed by the Constitution. 
1 Chapter 24, § § 542-561. TUBERCULOSIS CONTROL 
141 
From the time of the appointment of the first board of directors, 
such district shall be a body corporate and politic by the name 
and style determined as aforesaid, and by such name may sue and 
be sued, contract and be contracted with, acquire and hold real 
and personal estate necessary for the corporate purposes and adopt 
a seal and alter the same at its pleasure. 
S.H.A. 23 § 177c; J.A. 33.185(3). 
177d. Vacancies.] § 4. Whenever any member of the board of 
directors shall, from any cause, cease to be a legal voter of the 
district, his office shall thereupon become vacant, and a successor 
shall be appointed for the remainder of the term as other members 
of the board of directors are appointed. 
S.H.A. 23 § 177d; J.A. 33.185(4). 
177e. President, secretary of board — Establishment and 
MAINTENANCE OF TUBERCULOSIS SANITARIUM.] § 5. The directors 
shall, immediately after appointment, meet and organize, by the 
election of one of their number as president and one as secretary. 
Said board shall have power to establish and maintain a tuber- 
culosis sanitarium, and branches, dispensaries, and other auxiliary 
institutions connected with the same, within the limits of the tuber- 
culosis sanitarium district, for the use and benefit of the inhabitants 
thereof, for the treatment and care of persons afflicted with tuber- 
culosis. The board shall have power to acquire lands and grounds 
within such district for the aforesaid purposes by gift, grant, 
devise, purchase, lease or condemnation, and to occupy, purchase, 
lease or erect an appropriate building or buildings for the use of 
said sanitarium, branches, dispensaries and other auxiliary institu- 
tions and activities connected therewith; provided, that no such 
building shall be constructed until detailed plans therefor have 
been submitted to and approved by the Department of Public 
Health. 
S.H.A. 23 § 177e; J.A. 33.185(5). 
177f. Powers of board — Employees — Salaries.] § 6. The 
board of directors shall be the corporate authority of such tuberculosis 
sanitarium district and shall have power to pass and enforce all neces- 
sary ordinances, rules and regulations for the management of the 
property and conduct of the business of such district. Such board 
shall have power to appoint a secretary and treasurer and such other 
officers and such employees as may be necessary, including suitable 
superintendents or matrons, or both. Members of the board of direc- 
tors shall receive no salary for their services. Salaries of the officers 
and employees shall be fixed by ordinance. 
S.H.A. 23 § 177f; J.A. 33.185(6). 
177g. Free service to residents of district — Consent of 
AFFLICTED PERSON HOME TREATMENT OUT-OF-DISTRICT PATIENTS 
Treatment in other institutions.] § 7. Every sanitarium estab- 
lished under this Act shall be free for the benefit of such of the 
inhabitants of such district as may be afflicted with tuberculosis, and 
they shall be entitled to occupancy, nursing, care, medicines and atten- 142 
PUBLIC HEALTH LAWS 
dance, according to the rules and regulations prescribed by said board 
of directors. Such sanitarium shall always be subject to such reason- 
able rules and regulations as said board of directors may adopt in 
order to render the use of said sanitarium of the greatest benefit to 
the greatest number, and said board of directors may exclude from 
the use of such sanitarium any and all persons who shall wilfully 
violate such rules or regulations: Provided, however, that no person 
so afflicted shall be compelled to enter such sanitarium, or any of its 
branches, dispensaries, or other auxiliary institutions without his 
consent in writing first having been obtained, or, in case of a minor 
or one under a disability, the consent in writing of the parent or the 
parents, guardian or conservator, as the case may be. Said board of 
directors shall, upon request or by consent of the person afflicted, or 
of the parent or parents, guardian or conservator thereof, have the 
power to extend the benefits and privileges of such institution, under 
proper rules and regulations, into the homes of persons afflicted with 
tuberculosis, and to furnish nurses, instruction, medicines, attendance, 
and all other aid necessary to effect a cure, and to do all things in and 
about the treatment and care of persons so afflicted, which will have 
a tendency to effect a cure of the person or persons afflicted therewith 
and to stamp out tuberculosis in such district. And said board of 
directors may extend the privileges and use of such sanitarium and 
treatment to persons so afflicted, residing outside of such district, in 
this State, upon such terms and conditions as said board of directors 
may from time to time by its rules and regulations prescribe. 
Boards of directors in districts without public tuberculosis sani- 
tarium facilities may use funds secured under the provisions of this 
Act in providing sanitarium care of tuberculosis patients in private 
or public sanitariums or hospitals of the State. 
S.H.A. 23 § 177g; J.A. 33.185(7). 
177h. Donations—Annual report.] § 8. Said board of direc- 
tors, in the name of the district, may receive from any person any 
contribution or donation of money or property, and shall pay over to 
the treasurer of such district all moneys thus received, as often as once 
in each month, and shall take the receipt of such treasurer therefor; 
and shall also at each regular meeting of the county board, report to 
such county board the names of all persons from whom any such 
contribution or donation has been received, since the date of the last 
report, and the amount and nature of the property so received from 
each, and the date when the same was received. And said board of 
directors shall make, on or before the second Monday in June of 
each year, an annual report to the county board, stating the condition 
of their trust on the first day of June of that year, the various sums 
of money received from all sources, and how such moneys have been 
expended and.for what purpose, the number of patients, and such 
other statistics, information and suggestions as they may deem of 
general interest. 
S.H.A. 23 § 177h; J.A. . HOSPITAL DONATIONS 
143 
177i. Use of donation.] § 9. Any person desiring to make any 
donation, bequest or devise, of any money, personal property, or real 
estate, for the benefit of such sanitarium, shall have the right to vest 
the title to the money, personal property or real estate so donated, in 
the board of directors created under this Act, to be held and controlled 
by such board of directors, when accepted, according to the terms 
of the deed, gift, devise, or bequest of such property, and as to such 
property, the said board of directors shall be held and considered to 
be special trustees. 
S.H.A. 23 § 177i; J.A. . 
177 j. Rules and regulations.] § 10. When any such sani- 
tarium is established, the physicians, nurses, attendants, the persons 
sick therein, and all persons approaching or coming within the limits 
of the same or grounds thereof, and all furniture and other articles 
used or brought there, shall be subject to such rules and regulations 
as said board of directors may prescribe; and such rules and regula- 
tions shall extend to all branches, dispensaries, and other auxiliary 
institutions located within such district, and to all employees in the 
same, and to all employees sent, as herein provided for, to the homes 
of the afflicted. 
S.H.A. 23 § 177j: J.A. . 
177k. Physicians to have equal privileges.] § 11. All reput- 
able physicians shall have equal privileges in treating patients in any 
tuberculosis sanitarium district. 
S.H.A. 23 § 177k; J.A. . 
1771. Ordinances, orders and resolutions.] § 12. All ordin- 
ances making any appropriation of moneys, shall within ten days after 
their passage, be published at least once in some newspaper pub- 
lished in such district or having a general circulation therein to be 
designated by the board of directors and no such ordinance shall take 
effect until ten days after it is so published. All other ordinances and 
all orders or resolutions shall take effect from and after their passage 
unless otherwise provided therein. All ordinances, orders and reso- 
lutions and the date of publication thereof may be proven by the cer- 
tificate of the secretary of such district under the seal of the corpora- 
tion and when printed in book or pamphlet form and published by 
authority of such board of directors, such book or pamphlet shall be 
received as evidence of the passage and publication of such ordinances, 
orders and resolutions as of the date mentioned in such book or 
pamphlet in all courts and places without further proof. 
S.H.A. 23 § 1771; J.A. . 
177m. Duties op president—Voting on ordinances and ex- 
penditures.] § 13. The president of the board of directors of any 
district organized hereunder, shall preside at all meetings of the board 
and be the executive officer of such district; he shall sign all ordin- 
ances, resolutions and other papers necessary to be signed and shall 
execute all contracts entered into by such district and perform such 
other duties as may be prescribed by ordinance. The president shall 
be entitled to the same right to vote as the other directors possess. 144 
PUBLIC HEALTH LAWS 
The “Yeas” and “Nays” shall be taken upon the passage of all 
ordinances and all proposals to create any liability or for the ex- 
penditures or appropriation of money and in all other cases at the 
request of any member of the board and shall be entered on the 
journal of the board’s proceedings, and the concurrence of a ma- 
jority of all the members appointed to the board shall be necessary to 
the passage of any such ordinance or provision. 
S.H.A. 23 § 177m; j. A. . 
177n. General taxation—Issuance of bonds.] § 14. The 
board of directors of any tuberculosis sanitarium district organized 
hereunder shall have power to raise money by general taxation, for 
any of the purposes enumerated in this Act, and power to borrow 
money upon the faith and credit of such district, and to issue bonds 
therefor: Provided, however, such district shall not become indebted 
in any manner or for any purpose, to any amount including existing 
indebtedness in the aggregate exceeding one per centum of the as- 
sessed value of the taxable property therein, as ascertained by the 
last equalized assessment for State and county purposes. No such 
district shall incur indebtedness for any purpose other than the ac- 
quisition of land unless the proposition to issue bonds or otherwise 
incur such indebtedness shall have been first submitted to the legal 
voters of such district at a general election or at any special election 
called for such purpose and shall have been approved by a majority of 
those voting upon the proposition. Before or at the time of issuing 
bonds, the board of directors shall provide by ordinance for the col- 
lection of an annual tax sufficient to pay the interest on such bonds as 
it falls due, and to pay such bonds as they mature and said tax to so 
pay the interest on said bonds as it falls due and to pay said bonds 
as they mature, shall not be permitted to increase the taxing power 
of said district as herein provided for. All bonds issued by any 
tuberculosis sanitarium district shall be divided into series, the first 
of which shall mature not later than five years after the date of issue 
and the last of which shall mature not later than twenty years after 
the date of issue. 
All general taxes levied by the board of directors of any tubercu- 
losis sanitarium district shall be levied at the same time and in the 
same manner as taxes are levied for city and village purposes; pro- 
vided, that the amount of taxes levied for one year shall not exceed 
the rate of one and one-half (1%) mill on each dollar of the assessed 
value of the taxable property therein, as ascertained by the last 
equalized assessment for State and county purposes. All moneys 
collected under the provisions of this Act shall be paid to the treasurer 
of such district. 
S.H.A. 23 § 177n; J.A. . COUNTY TUBERCULOSIS CONTROL 
145 
COUNTY TUBERCULOSIS SANITARIUMS 
An Act relating to the care and treatment by counties of persons 
afflicted with tuberculosis and providing the means therefor. Ap- 
proved June 28, 1915. L. 1915, p. 346. Title as amended by act 
approved March 17, 1939. L. 1939, p. 490, H. B. No. 188. 
Prior amendment: L. 1923, p. 301. 
164. County board mat establish tuberculosis sanitarium- 
tax.] § 1. The county board of each county of this State shall have 
the power, in the manner hereinafter provided, to establish and 
maintain a county tuberculosis sanitarium, and branches, dispensaries, 
and other auxiliary institutions connected with the same, within the 
limits of such county, for the use and benefit of the inhabitants there- 
of, for the treatment and care of persons afflicted with tuberculosis, 
and shall have the power to levy a tax, subject to such further limita- 
tion as may be occasioned by the issuance of bonds as hereinafter pro- 
vided, not to exceed one and one-half (1%) mills on the dollar, an- 
nually on all taxable property of such county, such tax to be levied 
and collected in like manner with the general taxes of such county, 
and to form, when collected, a fund to be known as the ‘ ‘ Tuberculosis 
Sanitarium Fund,” which said tax shall be in addition to all other 
taxes which such county is now, or hereafter may be, authorized to 
levy on the aggregate valuation of all property within such county, 
and the county clerk, in reducing tax levies under the provisions of 
section 2 of “An Act concerning the levy and extension of taxes,” 
approved May 9, 1901, as amended,1 shall not consider the tax for said 
tuberculosis sanitarium fund, authorized by this Act, as a part of the 
general tax levy for county purposes, and shall not include the same 
in the limitation of one (1) per cent of the assessed valuation upon 
which taxes are required to be extended; provided, that in order to 
secure greater working efficiency any county maintaining a tubercu- 
losis sanitarium may convey the property acquired for such purpose, 
or any part thereof, or any interest therein, to any other county or 
counties adjacent thereto upon such terms and conditions as the re- 
spective county boards thereof shall agree on by a majority vote of 
all the members of each of said county boards. As amended by act 
approved July 1, 1938. L. 1938, First Sp. Sess., p. 18. 
S.H.A. 34 § 164; J.A. 33.173. 
Prior amendment: L. 1929, p. 304; L. 1927, p. 377. 
165. Petition—Submission to vote—Joint construction by 
two or more counties.] § 2. When one hundred legal voters of any 
county shall present a petition, to the County Board of such county 
asking that an annual tax may be levied for the establishment and 
maintenance of a county tuberculosis sanitarium in such county, such 
County Board shall instruct the County Clerk to, and the County 
Clerk shall, in the next legal notice of a regular general election in 
such county, give notice that at such election every elector may vote 
“For the levy of a tax for a county tuberculosis sanitarium,” or 
“Against the levy of a tax for a county tuberculosis sanitarium,” and 
1 Chapter 120, § 330. 146 
PUBLIC HEALTH LAWS 
provision shall be made for voting on such proposition, in accordance 
with such notice, and if a majority of all the votes cast upon the propo- 
sition shall be for the levy of a tax for a county tuberculosis sani- 
tarium the County Board of such county shall thereafter annually 
levy a tax of not to exceed one and one-half (1%) mills on the dollar, 
which tax shall be collected in like manner with other general taxes in 
such county and shall be known as the “Tuberculosis Sanitarium 
Fund, ’ ’ and thereafter the County Board of such county shall, in the 
annual appropriation bill, appropriate from such fund such sum or 
sums of money as may be deemed necessary to defray all necessary 
expenses and liabilities of such county tuberculosis sanitarium. 
If a county has adopted a proposition for the levy of a tax of 
not to exceed one mill on the dollar for a county tuberculosis sani- 
tarium such tax may be increased to not to exceed one and one-half 
(1%) mills on the dollar by submitting the proposition to increase 
such tax to the voters of such county at any general election in the 
county or any general election in all the townships in such county. 
The county boards of any two or more adjoining counties each 
having a population of less than 500,000 inhabitants may hereafter by 
agreement provide for the joint construction, maintenance and control 
of a tuberculosis sanitarium. Such agreement shall specify the site 
of the proposed sanitarium and the proportionate share of the cost 
of construction and the cost of maintenance which shall be borne by 
each of such counties. The proposition for such joint construction, 
maintenance and control shall be submitted to the voters of each such 
county at the next succeeding general election in such county or at a 
special election called for such purpose and shall state the proposed 
site of such sanitariuum and the proportionate share of the cost of 
construction and maintenance to be borne by the respective counties 
concerned. If such proposition is approved by a majority of the 
voters in each of such counties voting upon the proposition, the county 
board of each such county shall appoint three directors. The qualifi- 
cations, terms of office and removal of said directors appointed in each 
such county shall be as provided in Sections 3 and 4 of this Act1 and 
vacancies shall be filled in the manner provided in Section 5 hereof.2 
The directors so appointed by the several counties shall constitute a 
joint board of directors for the control and management of the tu- 
berculosis sanitarium. Said joint board of directors shall exercise 
the powers and be subject to the duties prescribed in this Act3 for 
boards of directors of tuberculosis sanitaria. The county board of 
each of said counties shall annually levy the tax herein provided, and 
may issue bonds as provided in this amendatory Act, for the purpose 
of defraying its proportionate share of the cost of construction and 
maintenance of the tuberculosis sanitarium. 
If any county shall issue bonds as hereinafter provided, then so 
long as taxes are required to be levied and extended to pay the prin- 
cipal of and interest on such bonds, the rate extended in any year for 
the benefit of the tuberculosis sanitarium fund shall be limited to the 
1 Sections 166 and 167 of this chapter. 
2 Section 168 of this chapter. 
3 Sections 164-175a of this chapter. SANITARIUM CONTROL 
147 
amount by which one and one-half mills on the dollar exceeds the 
rate extended in such year to pay such principal of and interest on 
such bonds. As amended by act approved July 1, 1938. L. 1938, 
First Sp. Sess.. p. 18. 
S.H.A. 34 § 165; J.A. 33.174. 
Prior amendment: L. 1929, p. 304; L. 1927, p. 377. 
This statute permitting county tax for tuberculosis sanitarium, construed 
most strongly against taxing authorities and in favor of taxpayer, held not 
rendered invalid because it provided for tax to begin in next succeeding 
fiscal year. P. ex rel. Hines v. Baltimore & O. S. W. R. Co., 366—318, 8 
N. E. 2d 655. 
166. Board of directors—How appointed.] § 3. When in any 
county such a proposition, for the levy of a tax for a county tubercu- 
losis sanitarium has been adopted as aforesaid, the chairman or presi- 
dent, as the case may be, of the county board of such county, shall, 
with the approval of the county board, proceed to appoint a board of 
three directors, one at least of whom shall be a licensed physician, 
and all of whom shall be chosen with reference to their special fitness 
for such office. 
S.H.A. 34 § 166; J.A. 33.175. 
167. Term of office—Removal.] § 4. One of said directors 
shall hold office for one year, another for two years, and another for 
three years, from the first day of July following their appointment, 
but each until his successor is appointed, and at their first regular 
meeting they shall cast lots for the respective terms; and annually 
thereafter the chairman or president, as the case may be, of the county 
board, shall, before the first day of July of each year, appoint as be- 
fore one director, to take the place of the retiring director, who shall 
hold office for three years and until his successor is appointed. The 
chairman or president, as the case may be, of the county board may, 
by and with the consent of the county board, remove any director for 
misconduct or neglect of duty. 
S.H.A. 34 § 167; J.A. 33.176. 
168. Vacancies—Compensation.] § 5. Vacancies in the board 
of directors, occasioned by removal, resignation, or otherwise, shall 
be reported to the county board, and be filled in like manner as orig- 
inal appointments; and no director shall receive compensation as such, 
or be interested, either directly or indirectly, in the purchase or sale 
of anv supplies for said sanitarium. 
S.H.a! 34 § 168; J.A. 33.177. 
169. Organization—By-laws and rules—Control of funds— 
Powers.] § 6. Said directors shall, immediately after appointment, 
meet and organize, by the election of one of their number as president 
and one as secretary, and by the election of such other officers as they 
may deem necessary. They shall make and adopt such by-law’s, rules, 
and regulations, for their own guidance and for the government of 
the sanitarium and the branches, dispensaries, and auxiliary institu- 
tions and activities connected therewith, as may be expedient, not 
inconsistent with this act. They shall have the exclusive control of 
the expenditure of all moneys collected to the credit of the tubercu- 148 
PUBLIC HEALTH LAWS 
losis sanitarium fund, and of the construction of any sanitarium build- 
ing, or other buildings necessary for its branches, dispensaries, or 
other auxiliary institutions or activities in connection with said insti- 
tution, and of the supervision, care and custody of the grounds, rooms 
or buildings constructed, leased, or set apart for that purpose: Pro- 
vided, that all moneys received for such sanitarium with the ex- 
ception of moneys the title to which rests in the board of directors in 
accordance with section 9 infra, shall be deposited in the treasury of 
said county to the credit of the tuberculosis sanitarium fund and shall 
not be used for any other purpose, and shall be drawn upon by the 
proper officers of said county upon the properly authenticated vouch- 
ers of said board of directors. Said board of directors shall have the 
power to purchase or lease ground within the limits of such county, and 
to occupy, lease or erect an appropriate building or buildings for the 
use of said sanitarium, branches, dispensaries and other auxiliary insti- 
tutions and activities connected therewith, by and with the approval 
of the county board: Provided, however, that no such building shall 
be constructed until detailed plans therefor shall have been submitted 
to the secretary of the State Board of Health, and shall have been 
approved by him: And, provided, further, that no building in which 
tuberculosis patients are to be housed shall be built on the grounds of 
a county poor farm, but shall have separate and distinct grounds of 
its own. Said board of directors shall have the power to appoint 
suitable superintendents or matrons, or both, and all necessary as- 
sistants, and to fix their compensation, and shall also have the power 
to remove such appointees, and shall in general carry out the spirit 
and intent of this act in establishing and maintaining a county tu- 
berculosis sanitarium: Provided: that no sanitarium or branch, or 
dispensary, or auxiliary institution, or activity, under this act, for 
tuberculosis patients shall be under the same management as a county 
poor farm, or infirmary, but shall, on the contrary, be under a man- 
agement separate and distinct in every particular. One or more of 
said directors shall visit and examine said sanitarium, and all 
branches, dispensaries, auxiliary institutions, and activities at least 
twice in each month, and shall make monthly reports of the condition 
thereof to the county board. 
S.H.A. 34 § 169; J.A. 33.178. 
170. Sanitarium to be free—Regulations.] § 7. Every sani- 
tarium established under this act shall be free for the benefit of such of 
the inhabitants of such county as may be afflicted with tuberculosis, and 
they shall be entitled to occupancy, nursing, care, medicines and 
attendance, according to the rules and regulations prescribed by said 
board of directors. Such sanitarium shall always be subject to such 
reasonable rules and regulations as said board of directors may adopt 
in order to render the use of said sanitarium of the greatest benefit 
to the greatest number, and said board of directors may exclude from 
the use of such sanitarium any and all persons who shall willfully 
violate such rules or regulations: Provided, however, that no person 
so afflicted shall be compelled to enter such sanitarium, or any of its 
branches, dispensaries, or other auxiliary institutions without his 149 
SANITARIUM REPORTS 
consent in writing first having been obtained, or, in case of a minor 
or one under a disability, the consent in writing of the parent or the 
parents, guardian or conservator, as the ease may be. Said board of 
directors shall, upon request or by consent of the person afflicted, or 
of the parent or parents, guardian or conservator thereof, have the 
power to extend the benefits and privileges of such institution, under 
proper rules and regulations, into the homes of persons afflicted with 
tuberculosis, and to furnish nurses, instruction, medicines, attendance, 
and all other aid necessary to effect a cure, and to do all things in and 
about the treatment and care of persons so afflicted, which will have 
a tendency to effect a cure of the person or persons afflicted therewith 
and to stamp out tuberculosis in such county. And said board of 
directors may extend the privileges and use of such sanitarium and 
treatment to persons so afflicted, residing outside of such county, in 
this state, upon such terms and conditions as said board of directors 
may from time to time by its rules and regulations prescribed. 
Boards of directors in counties without public tuberculosis sani- 
tarium facilities may use funds secured under the provisions of this 
Act in providing sanitarium care of tuberculosis patients in private 
or public sanitariums of the State. As amended by act approved 
March 17, 1939. L. 1939, p. 490, H. B. No. 188. 
S.H.A. 34 § 170; J.A. 33.179. 
Section 3 of the amendatory Act of 1939 is the emergency section. 
171. Contributions—Annual reports to county board.] § 8. 
Said board of directors, in the name of the county, may receive from 
any person any contribution or donation of money or property, and 
shall pay over to the treasurer of such county all moneys thus re- 
ceived, as often as once in each month, and shall take the receipt of 
such treasurer therefore; and shall also at each regular meeting of 
the county board, report to such county board the names of all per- 
sons from whom any such contribution or donation has been received, 
since the date of the last report, and the amount and nature of the 
property so received from each, and the date when the same wras re- 
ceived. And said board of directors shall make, on or before the 
second Monday in June of each year, an annual report to the county 
board, stating the condition of their trust on the first day of June of 
that year, the various sums of money received from the tuberculosis 
sanitarium fund and from other sources, and how such moneys have 
been expended and for what purpose, the number of patients, and 
such other statistics, information and suggestions as they may deem 
of general interest. 
S.H.A. 34 § 171; J.A. 33.180. 
172. Board special trustees of donations, bequests, etc.] 
§ 9. Any person desiring to make any donations, bequest or devise, 
of any money, personal property, or real estate, for the benefit of 
such sanitarium, shall have the right to vest the title to the money, 
personal property or real estate so donated, in the board of directors 
created under this act, to be held and controlled by such board of 
directors, when accepted, according to the terms of the deed, gift, 150 
PUBLIC HEALTH LAWS 
devise, or bequest of such property, and as to such property, the said 
board of directors shall be held and considered to be special trustees. 
S.H.A. 34 § 172; J.A. 33.181. 
173. Physicians, nurses, etc., subject to rules of the board.] 
§ 10. When any such sanitarium is established, the physicians, nurses, 
attendants, the persons sick therein, and all persons approaching or 
coming within the limits of the same or grounds thereof, and all 
furniture and other articles used or brought there, shall be subject to 
such rules and regulations as said board of directors may prescribe; 
and such rules and regulations shall extend to all branches, dispen- 
saries, and other auxiliary institutions located within such county, 
and to all employees in the same, and to all employees sent, as herein 
provided for, to the homes of the afflicted. 
S.H.A. 34 § 173; J.A. 33.182. 
174. Equal privileges for all reputable physicians.] § 11. 
All reputable physicians shall have equal privileges in treating pa- 
tients in any county tuberculosis sanitarium. 
S.H.A. 34 § 174; J.A. 33.183. 
175. Act not to be construed to amend or repeal part of 
former act.] § 12. Nothing contained in this act shall be construed 
to amend or repeal paragraph ninth of section 25 of an act entitled, 
“An act to amend sections 24 and 25 of an act entitled, ‘An act to 
revise the law in relation to counties,’ approved and in force March 
31, 1874,” approved April 26, 1909, in force July 1, 1909, but said 
paragraph ninth shall, on the contrary remain in full force and effect. 
S.H.A. 34 § 175; J.A. 33.184. 
175a. Discontinuance of tax.] § 13. Any county which has 
adopted the provisions of this Act may discontinue it by a referendum 
initiated by a petition in the same manner provided in section 2 for its 
adoption. The proposition shall be stated “For the discontinuance 
of the tax for the county tuberculosis sanitarium” and “against the 
discontinuance of the tax for the county tuberculosis sanitarium.” 
If three-fifths of the votes cast upon the proposition are for the dis- 
continuance, the board of directors shall proceed at once to close up 
the affairs of the county tuberculosis sanitarium. After the payment 
of all obligations the moneys in the tuberculosis sanitarium fund shall 
become a part of the general funds in the county treasury and the 
county board shall take over all property and equipment in the cus- 
tody and under the control of the board of directors. The county 
board may sell such property or make such other disposition as is for 
the best interests of the county. 
The terms of the board of directors shall terminate when their 
duties in connection with closing up the affairs of the tuberculosis 
sanitarium have ended. [Added by act approved June 21, 1923. 
L. 1923, p. 301.] 
S.H.A. 34 § 175a; J.A. 33.185. 
175b. Issuance of bonds.] § 14. Any county having a popula- 
tion of less than five hundred thousand inhabitants which has voted or 
hereafter votes to authorize a tax for tuberculosis sanitarium purposes COUNTY SANITARIUM 
151 
at a rate in addition to the maximum rate now or hereafter authorized 
to be levied and extended for general county purposes is authorized to 
issue bonds as in this Act provided in an amount not to exceed one- 
half of one per cent on the dollar valuation of all taxable property of 
such county for the purpose of constructing or improving a county 
tuberculosis sanitarium within the county: Provided such bonds may 
not be issued to an amount, including existing indebtedness, in excess 
of the constitutional limit of indebtedness. [Added by act approved 
July 1, 1938. L. 1938, First Sp. Sess., p. 18.] 
S.H.A. 34 § 175b; J.A. 33.185(a). 
175c. Plans—Estimate of cost—Resolution by county 
board.] § 15. Before any such county shall be authorized to issue 
bonds as in this Act provided: 
(a) The Board of Directors of said tuberculosis sanitarium 
shall adopt plans and specifications describing the sanitarium to be 
constructed or improved, the type of construction of or improvement 
to be made on such sanitarium and shall make an estimate of the cost 
of such construction or improvement, and shall procure approval of 
such plans and specifications and estimate of cost by the State De- 
partment of Public Health; and 
(b) The Board of Directors of said tuberculosis sanitarium shall 
transmit such plans and specifications and estimate of cost, together 
with the approval thereof by the State Department of Public Health, 
to the County Board with a request that the County Board adopt a 
resolution providing for the construction or improvement of such tu- 
berculosis sanitarium and for the issuance of bonds to pay all or a part 
of the cost thereof. [Added by act approved July 1, 1938. L. 1938, 
First Sp. Sess., p. 18.] 
S.H.A. 34 § 175c; J.A. 33.185(b). 
175d. When maturity of bonds is later than tax is author- 
ized.—Petition for referendum.] § 16. Before any such county 
shall be authorized to issue bonds, as in this Act provided, having 
a maturity later than January first of the second calendar year fol- 
lowing the period of years for which such additional tax for tubercu- 
losis sanitarium purposes was voted (which January first of such year 
is hereafter referred to as the “maturity limitation heretofore men- 
tioned”) : 
(a) The County Board shall adopt a resolution of determina- 
tion to construct or improve a tuberculosis sanitarium and declare 
its intention to issue bonds therefor. Said resolution shall set forth 
the amount of bonds proposed to be issued and provide that notice of 
intention to issue such bonds be published at least once in a news- 
paper published and having a general circulation in such county if 
there be one, or, if there be no such newspaper, then such notice shall 
be posted in at least three public places in such county. The notice of 
intention to issue bonds as herein provided shall state the purpose for 
which bonds are to be issued, the date upon which the resolution of 
intention was adopted by the County Board, the amount of bonds to 152 
PUBLIC HEALTH LAWS 
be issued and the time within which a petition may be filed requesting 
submission to the legal voters of such county of the proposition to issue 
the bonds. 
(b) If, within thirty days after publication or posting of such 
notice, a petition is filed with the County Clerk signed by not less 
than three per cent of the legal voters of such county requesting that 
the proposition to issue said bonds as authorized by this Act be sub- 
mitted to the legal voters of such county, then such county shall not 
be authorized to issue said bonds until the proposition has been sub- 
mitted to and approved by a majority of the legal voters voting on the 
proposition at a regular or special election called and held for that 
purpose by the County Board. The number of legal voters shall be 
determined from the total votes cast at the last preceding election held 
in said county for the election of county officers. 
If no petition for referendum with the requisite number of signa- 
tures is filed within the time herein provided, it shall not be necessary 
for the County Board to submit to the legal voters of such county 
the question of issuing such bonds. [Added by act approved July 1, 
1938. L. 1938, First Sp. Sess., p. 18.] 
S.H.A. 34 § 175d; J.A. 33.185(c). 
175e. When referendum unnecessary.] § 17. It shall not be 
necessary for the County Board to submit to the legal voters of such 
county the question of issuing such bonds where the final maturity 
thereof is not beyond the maturity limitation heretofore mentioned in 
Section 16 of this Act,1 and said County Board shall be authorized to 
issue such bonds without complying with the provisions of Section 16 
of this Act1 by adopting a resolution as provided by Section 19 of this 
Act.2 [Added by act approved July 1, 1938. L. 1938, First Sp. Sess., 
p. 18.] 
S.H.A. 34 § 175e; J.A. 33.185(d). 
175f. Submission of proposition to issue bonds—Ballot.] 
§ 18. If, in the case of bonds the final maturity date of which is be- 
yond said maturity limitation heretofore mentioned in Section 16,3 a 
petition for referendum with the requisite number of signatures is 
filed within the time as herein provided, then the County Board shall 
call a special election or direct that such proposition be submitted at 
the next regular election to be held in the county. When a special 
election is called the County Board shall fix the date thereof and shall 
direct the County Clerk to cause notice of such election to be posted in 
at least three public places in each voting precinct in the county at 
least fifteen days prior to the date of such election. Such special elec- 
tion shall be conducted by the duly appointed Judges and Clerks of 
election and shall be held at the polling places theretofore established 
insofar as the same may be practicable, otherwise new polling places 
shall be designated. If the proposition is to be submitted at a regular 
election, then the notice of such election shall state the bond proposi- 
tion to be submitted to the voters. 
1 Section 1753 of this chapter. 
2 Section 175g of this chapter. 
8 Section 1753 of this chapter. COUNTY TUBERCULOSIS CONTROL 
153 
The ballot for the submission of said proposition shall be in sub- 
stantially the following form: 
OFFICIAL BALLOT 
Instruction to voters: 
(Place a cross (x) in the space opposite the word indicating the 
way you desire to vote.) 
Shall county, Illinois, issue 
bonds in the amount of $ for the 
purpose of constructing or improving a tubercu- 
losis sanitarium of said county heretofore de- 
signed and approved by the hoard of directors 
of the tuberculosis sanitarium, as authorized by 
“An Act relating to county tuberculosis sani- 
taria,” approved June 28, 1915, as amended? 
YES 
NO 
[Added by act approved July 1, 1938. L. 1938, First Sp. Sess., p. 18.] 
S.H.A. 34 § 175f; J.A. 33.185(e). 
175g. Amount, maturity date, form of bonds—Tax.] § 19. 
Before issuing any bonds as provided in this Act, the County Board 
shall adopt a resolution specifying the amount of bonds to be issued, 
the date, denominations, rate of interest and maturities, and fix all 
the details with respect to the issue and execution thereof, and shall 
levy a tax sufficient to pay both the principal of and interest upon 
such bonds as they mature. Such bonds issued in compliance with 
the provisions of Section 16 hereof,1 shall mature at such time or 
times as the County Board shall fix, but not to exceed twenty years 
from date thereof. Any such bonds, the final maturity of which is 
within such maturity limitation heretofore mentioned in said Section 
16,1 shall mature at such times as the County Board shall fix within 
said maturity limitation heretofore mentioned. All of such bonds 
shall bear interest at not more than six per cent per annum, payable 
semi-annually, and shall be payable at such place as the County Board 
shall fix. [Added by act approved July 1, 1938. L. 1938, First Sp. 
Sess., p. 18.1 
S.H.A. 34 § 175g; J.A. 33.185(f). 
175h. Signatures on bonds.] § 20. In case any officer whose 
signature appears on the bonds shall cease to be such officer before de- 
livery of such bonds, such signature shall nevertheless be valid or 
sufficient for all purposes the same as if such officer had remained in 
office until such delivery was effected. [Added by act approved July 1, 
1938. L. 1938, First Sp. Sess., p. 18.] 
S.H.A. 34 § 175h; J.A. 33.185(g). 
175i Annual tax to pay bonds.] § 21. After the resolution 
providing for the issuance of the bonds has been adopted, it shall be 
the duty of the County Clerk annually to extend taxes against all the 154 
PUBLIC HEALTH LAWS 
taxable property situated in said County sufficient to pay the principal 
of and interest on such bonds as they mature. The rate at which such 
taxes shall be extended shall be in addition to the maximum rate now 
or hereafter authorized to be levied and extended for General County 
Purposes, and shall be in addition to the rates extended for any and 
all taxes now or hereafter authorized or permitted to be levied or ex- 
tended for county purposes in excess of the maximum rate for general 
county purposes now or hereafter permitted by law; such tax shall 
not be subject to any limitation as to amount or rate except the con- 
stitutional limitation of 75c per $100.00 valuation. [Added by act 
approved July 1, 1938. L. 1938, First Sp. Sess., p. 18.] 
S.H.A. 34 § 175i; J.A. 33.185(h). 
An Act validating elections in relation to county tuberculosis sani- 
taria. [Approved May 4, 1939 L. 1939, p. 489, H. B. No. 503.] 
175j. Validation of certain tax-levy elections concerning 
tuberculosis sanitariums.] § 1, Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: In all cases 
where, heretofore, at any election held in any county in this State, a 
majority of the voters voting on a proposition to levy an annual tax 
for establishing and maintaining a county tuberculosis sanitarium, 
not to exceed one and one-half mills on the dollar assessed valuation 
in excess of the statutory limit of 25 cents per $100.00 valuation, for 
a specified year or years, or term or period of years, have voted in 
favor thereof, all such elections and proceedings shall be, and the same 
are hereby made and declared legal and valid and are hereby made 
and declared to be: 
(a) Sufficient to authorize and empower the county board of 
any such county to levy a tax in addition to the maximum rate now 
or hereafter authorized to be levied and extended for general county 
purposes, not to exceed the rate specified in such proposition and for 
the year or years or period or term of years specified in such proposi- 
tion, for the establishment and maintenance of a county tuberculosis 
sanitarium in said county, and 
(b) Sufficient to authorize the issuance of bonds as provided 
by “An Act relating to county tuberculosis sanitaria,” approved 
June 28, 1915, as amended.1 
S.H.A. 34 § 175j; J.A. 139.279. 
Section 2 of the Act of 1939 is the emergency section. 
An Act concerning the levy of County taxes to defray expenses of 
providing sanitarium facilities for tuberculosis patients. [Filed 
July 29, 1939. L. 1939, p. 491, H. B. N. 558.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
175k. County taxes to provide sanitarium facilities for tu- 
berculosis patients.] § 1. In all cases where any County shall have 
sought or shall hereafter seek to ascertain the will of the voters on the 
proposition to levy a tax not to exceed one and one-half mills on the 
dollar of the assessed valuation of the County, said tax to be levied for 
1 Sections 164 et seq. of this chapter. SANITARIUM DISTRICTS 
155 
a specified number of years, and the proceeds thereof to be used for 
the establishment and maintenance of a County Tuberculosis Sani- 
tarium or for the purpose of defraying all necessary expenses of pro- 
viding sanitarium care in the State of Illinois of tuberculosis patients 
of the County, or for either, and a majority of the voters expressing 
their choice favor the same, then each such County is hereby author- 
ized to levy such tax in an amount not to exceed the rate so specified 
and for the years therein specified, and such tax shall be in addition 
to taxes now or hereafter authorized for any other County purposes 
and shall not be subject to any limitation for taxes as now or hereafter 
fixed by law, except as herein specified and except as specified in the 
Constitution of this State, and the amount to be extended for such 
purpose shall not be included in computing any limitation for tax 
extensions. All acts and proceedings heretofore had, done or taken in 
connection with the authorization of such levy are hereby validated. 
In all cases where any County shall hereafter seek to ascertain the 
will of the voters on such proposition same may be done by separate 
ballot, at any general election, or at a special election called for that 
purpose, in like manner and with like notice as in the case of other 
County elections. 
S.H.A. 34 § 175k; J.A. 33.207. 
TUBERCULOSIS SANITARIUM DISTRICTS, II. 
An Act in relation to the establishment and maintenance of tubercu- 
losis sanitarium districts. [Approved July 22, 1939. L. 1939, 
p. 988, H. B. No. 633.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
175.1. Tuberculosis sanitarium districts—Incorporation.] § 
1. Any two or more contiguous counties may be incorporated as a 
tuberculosis sanitarium district in the manner following: Any ten 
per cent (10%) of the legal voters residing within such counties may 
petition the county judge of the county having the greater or greatest 
number of inhabitants as determined by the last preceding federal 
census, to cause the question to be submitted to the legal voters of the 
proposed district, whether they will organize as a tuberculosis sani- 
tarium district under this Act. Such petition shall contain the name 
of such proposed tuberculosis sanitarium district and a description of 
the counties to be embraced therein; provided that no county which 
has established a tuberculosis sanitarium under the provisions of “An 
Act to provide for the creation and management of tuberculosis sani- 
tarium districts, ” approved May 21, 1937, shall be included within 
the territory intended to be embraced within any tuberculosis sani- 
tarium district under this Act. 
175.2. Board of commissioners—Membership—Duty to fix bounda- 
ries—Hearings. 
175.3. Election on question of establishing district. 
175.4. Election of corporate officers. 
175.5. Vacancies in office—Filling. 
175.6. Judicial notice of districts—Oath—Organization completed 
when—Powers. 156 
PUBLIC HEALTH LAWS 
175.7. Board of Trustees—Powers—Sanitarium branches, etc. 
175.8. Trustees—Additional powers—Salaries and expenses. 
175.9. Use of sanitariums—Rules and regulations. 
175.10. Donations, receipt of. 
175.11. Donations, bequests and devises, giving of. 
175.12. Rules and regulations governing sanitarium. 
175.13. Physicians’ privileges. 
175.14. Ordinances. 
175.15. President of Board—Powers and duties. 
175.16. Taxation—Borrowing money—Bonds—Taxes levied for each 
year limited to five mills on each dollar of the assessed 
value of taxable property. 
S.H.A. 34 § 175.16; J.A. 33.185(30). 
EMERGENCY MEDICAL TREATMENT 
An Act requiring hospitals to render emergency medical treatment 
or first aid in cases of accident or injury. [Approved July 11, 
1927. L. 1927, p. 403.] 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly: 
86. Hospitals to furnish first aid.] § 1. No hospital, either 
public or private where surgical operations are performed, operating 
in this State shall refuse to give emergency medical treatment or first 
aid to any applicant who applies for the same in case of accident or 
injury where the same shall be liable to cause death or severe injury. 
S.H.A. lliy2 § 86; J.A. 37.296. 
87. Penalty for violation.] § 2. Any such hospital violating 
any of the provisions of this Act shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a fine of not less than 
$50.00 nor more than $200.00 for each offense, which fine shall be paid 
into the general corporate funds of the city, incorporated town, or 
village in which the hospital is located, or of the county, in case such 
hospital is outside the limits of any incorporated municipality. 
S.H.A. lliy2 § 87; J.A. 37.297. RABIES ACT 
157 
MISCELLANEOUS 
RABIES AMONG DOGS 
An Act to prevent the spread of rabies. [Approved July 8, 1927. 
L. 1927, p. 27.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
23a. “Dog” defined.] § 1. For the purposes of this Act the 
term “dog” includes all animals of the canine species, both male and 
female. 
S.H.A. 8 § 23a; J.A. 5.126. 
23b. Preventative measures by Department op Agriculture.] 
§ 2. Whenever a case of rabies has occurred in a locality the Depart- 
ment of Agriculture shall have power, and it shall be its duty, to pre- 
vent the spread of rabies among dogs and other animals. The ‘Depart- 
ment of Agriculture shall have power to order that all dogs in the lo- 
cality be: 
1. Kept confined within an enclosure from which escape is 
impossible, or 
2. Kept muzzled and restrained by a leash composed of chain 
or other indestructible material, or 
3. To further order all owners of or keepers of dogs to take 
such prophylactic measures, as the Department of Agriculture may 
deem necessary, to prevent the spread of rabies. 
The Department of Agriculture shall have power to determine 
the area of the locality and the duration of the period of time to which 
the above requirements shall apply. [As amended by act approved 
July 8. 1933. L. 1933, p. 33.] 
S.H.A. 8 § 23b; J.A. 5.127. 
23c. Enforcement of department orders.] § 3. Any or all 
the orders of Section 2 of this Act which may be ordered by the De- 
partment of Agriculture shall be at the expense of the owner or keeper 
of such dog, and if the owner or keeper fails or refuses to comply with 
the orders of the Department of Agriculture, he is guilty of a misde- 
meanor, and upon conviction, shall be fined not less than twenty-five 
dollars ($25.00) nor more than one hundred dollars ($100.00) and the 
police officers, sheriffs, constables or marshals may kill such dog. [As 
amended by act approved July 8, 1933. L. 1933, p. 33.] 
S.H.A. 8 § 23c; J.A. 5.128. 
23d. Failure to enforce act, penalty.] § 4. Any officers fail- 
ing, refusing or neglecting to carry out the provisions of this Act 
shall, upon conviction, be fined not less than ten dollars nor more 
than fifty dollars. 
S.H.A. 8 § 23d; J.A. 5.129. 158 
PUBLIC HEALTH LAWS 
VENEREAL DISEASE EXAMINATIONS BEFORE MARRIAGE 
GENERAL PROVISIONS 
An Act to revise the law in relation to marriages. [Approved Feb- 
ruary 27, 1874. R. S. 1874, p. 694.] 
1. When illegal.] § 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: That here- 
after marriages between parents and children including grandparents 
and grandchildren of every degree, between brothers and sisters of 
the half, as well as of the whole blood, between uncles and nieces, aunts 
and nephews, and between cousins of the first degree are declared to 
be incestuous and void. This section shall extend to illegitimate, as 
well as legitimate children and relations. [As amended by act ap- 
proved June 15, 1887. L. 1887, p. 225.] 
S.H.A. 89 § 1; J.A. 78.01. 
Remarriage after divorce, see Divorce, ch. 40, § 2, ante. 
Falsely impersonating another in marriage, see Criminal Code, ch. 38, 
§ 263, ante. 
Effect of female ward marrying, see Guardian and Ward, ch. 64, § 42, 
ante. 
Incest, see Criminal Code, ch. 38, § § 374, 375, 587, ante. 
A void marriage is good for no legal purpose, and its invalidity may be 
shown in any court between any parties, either in lifetime of parties thereto 
or after their death. Jardine v. Jardine, 291 A. 152, 9 N. E. 2d 645. 
6a. Examination for venereal disease—Certificate of phy- 
sician—Clerks duties as to marriage license.] § 6a. All persons 
making application for a license to marry shall at any time within 
fifteen (15) days prior to such application be examined by a physician 
duly licensed in this State as to the existence of or freedom from 
any venereal disease, and, except as or otherwise herein provided, 
it shall be unlawful for the county clerk of any county to issue a 
license to marry to any person who fails to present for filing with 
such county clerk a certificate signed by such physician setting 
forth that such person to the proposed marriage is free from 
venereal diseases as nearly as can be determined by a thorough physi- 
cal examination and such standard microscopic and serological tests 
as are necessary for the discovery of venereal diseases. If, on the 
basis of negative laboratory and clinical findings the physician in at- 
tendance finds no evidence of venereal diseases, he shall issue a cer- 
tificate to that effect to the examinee, which certificate shall read as 
follows, to-wit: 
I, (Name of Physician) 
being a physician, legally licensed to practice in the State of 
(my credentials being filed in the office of 
in the City of County of 
State of ) do certify that I did on the 
day of 19 make a thorough examination of 
and considered the result 
of a microscopical examination for gonococci and an approved sero- PREMARITAL EXAMINATIONS 
159 
logical test for syphilis, which was made at my request, and believe 
to be free from all venereal diseases. 
Signature of Physician. 
Such certificate of negative findings as to each of the parties to a 
proposed marriage to which laboratory reports of microscopical ex- 
aminations of smears from the genitalia for the gonococcus of gonor- 
rhea and serologic tests for syphilis are attached, shall be filed with 
the county clerk of the county wherein the marriage is to be solem- 
nized at the time application is made for a license to marry. Labora- 
tory tests for venereal diseases required hereunder shall be tests ap- 
proved by the State Department of Public Health and shall be made 
by laboratories of said Department or by such other laboratories as 
are approved by said Department. Such tests as may be made by 
the health departments of cities, villages and incorporated towns 
maintaining laboratories shall be free of charge. The results of all 
laboratory tests shall be reported on standard forms prescribed by 
the State Department of Public Health. 
Irrespective of the results of laboratory tests and clinical exam- 
ination, the clerks of the respective counties shall issue a marriage 
license to parties to a proposed marriage (a) when the woman is preg- 
nant at the time of such application, and (b) when the woman has, 
prior to the time of application, given birth to an illegitimate child 
which is living at the time of such application and the man making 
such application makes affidavit that he is the father of such illegiti- 
mate child. The county clerk shall, in lieu of the health certificate 
required hereunder, accept, as the case may be, either an affidavit on 
a form prescribed by the State Department of Public Health, signed 
by a physician duly licensed in this State, stating that the woman is 
pregnant, or a copy of the birth record of the illegitimate child, if 
one is available in this State, or if such birth record is not available, an 
affidavit signed by the woman that she is the mother of such child. 
Also irrespective of the results of laboratory tests and clinical 
examination, the clerks of the respective counties shall issue a mar- 
riage license to parties to a proposed marriage when, after investiga- 
tion, the Director of the State Department of Public Health, or his 
duly authorized representative, issues or causes to be issued a cer- 
tificate that such marriage may be consummated without serious dan- 
ger to the health of either party to the proposed marriage or to any 
issue of such marriage. 
Any county clerk who shall unlawfully issue a license to marry 
to any person who fails to present for filing the certificate provided 
for in this Act or who shall refuse to issue a license to marry to any 
person legally entitled thereto under this Act, or any physician who 
shall knowingly and wilfully make any false statement in the cer- 
tificate, or any party or parties having knowledge of any matter re- 
lating or pertaining to the examination of any applicant for license 
to marry, who shall disclose the same, or any person thereof, except 
as may be required by law, shall upon proof thereof be punished by 
a fine of not less than $100.00 nor more than $500.00 for each and 
every offense. 160 
PUBLIC HEALTH LAWS 
Any person who shall obtain any license to marry contrary to 
the provisions of this section shall, upon conviction thereof, be pun- 
ished by a fine of not less than $100.00 or by imprisonment in the 
county jail for not less than three (3) months or by both such fine and 
imprisonment. 
Any license to marry issued hereunder, shall be void thirty (30) 
days after the date thereof. As amended bv act filed July 29, 1939. 
L. 1939, p. 706, H. B. No. 1090. 
S.H.A. 89 § 6a; J.A. 78.06(1). 
Section added: L. 1937, p. 910. 
PREVENTION OF BLINDNESS OF NEWLY BORN INFANTS 
An Act for the prevention of blindness from ophthalmia neonatorum; 
defining ophthalmia neonatorum; designating certain powers and 
duties and otherwise providing for the enforcement of this act. 
[Approved June 24, 1915. L. 1915, p. 366.] 
106. Eye diseases in infant.] § 1. Be it enacted by the 
People of the State of Illinois, represented in the General Assembly: 
That any diseased condition of the eye, or eyes of any infant in which 
there is any inflammation, swelling or redness in either one or both 
eyes of any such infant, either apart from or together with any un- 
natural discharge from the eye, or eyes of such infant, at any time 
within two weeks after the birth of such infant, shall, independent 
of the nature of the infection, be known as ophthalmia neonatorum. 
S.H.A. 91 § 106; J.A. 19.043. 
107. Attending physician, etc., to make report.] § 2. It 
shall be the duty of any physician, surgeon, obstetrician, midwife, 
nurse, maternity home or hospital, of any nature or parent assisting 
in any way whatsoever, any woman at childbirth, or assisting in any 
way whatsoever any infant, or the mother of any infant, at any time 
within two weeks after childbirth, observing or having a reasonable 
opportunity to observe the condition herein defined, and within six 
hours thereafter, to report in writing or by telephone followed by a 
written report such fact to the local health authorities of the city, 
town, village or other political division as the case may be, in which 
the mother of any such infant may reside: Provided, that such re- 
ports and the records thereof shall be deemed privileged information 
and shall not be open to the public. 
S.H.A. 91 § 107; J.A. 19.044. 
108. Maternity homes, etc.—duties of physicians and mid- 
wives.] § 3. It is the duty of all maternity homes and any and all 
hospitals or places where women resort for purposes of childbirth, to 
post and keep posted in conspicuous places in their institution, copies 
of this act, and to instruct persons professionally employed in such 
homes, hospitals and places regarding their duties under this act, and 
to maintain such records of cases of ophthalmia neonatorum in the 
manner and form prescribed by the Department of Public Health. PREVENTION OF BLINDNESS 
161 
It shall be the duty of any physician, midwife or nurse who at- 
tends or assists at the birth of a child, to instill or have instilled in 
each eye of the new born baby, as soon as possible and not later than 
one hour after birth, a one per cent (1%) solution of silver nitrate 
or some other equally effective prophylactic for the prevention of 
ophthalmia neonatorum approved by the State Department of Public 
Health. [As amended by act approved April 20, 1933. L. 1933, 
p. 714.] 
S.H.A. 91 § 108; J.A. 19.045. 
109. Duties of local health officer.] § 4. It shall be the 
duty of the local health officer: 
(1) To investigate, in so far as that can be done without enter- 
ing into the home or interfering with the child in any way without 
first securing the consent of the parents or guardian of such child, 
and each case of ophthalmia neonatorum reported to him in compli- 
ance with this law, and any other such case as may come to his atten- 
tion. 
(2) To report all cases of ophthalmia neonatorum and the re- 
sults of all such investigations as he may make, to the State Board 
of Health in the manner and form prescribed by said board. 
S.H.A. 91 § 109; J.A. 19.046. 
110. Duties of state board op health.] § 5. It shall be the 
duty of the State Board of Health: 
(1) To enforce the provisions of this act; 
(2) To provide for the gratuitous distribution of a scientific 
prophylactic for ophthalmia neonatorum, together with proper di- 
rections for the use and administration thereof, to all physicians and 
midwives authorized by law to attend at the birth of any child; 
(3) To have printed and published for distribution throughout 
the State advice and information concerning the dangers of ophthal- 
mia neonatorum and the necessity for the prompt and effective treat- 
ment thereof; 
(4) To furnish similar advice and information, together with 
copies of this law, to all physicians, midwives, and others authorized 
by law to attend at the birth of any child; 
(5) To prepare appropriate report blanks and to furnish same 
to all local health officers for distribution to physicians and midwives 
free of charge; 
(6) To report any and all violations of this act to the prosecut- 
ing attorney of the district wherein said violation may have been com- 
mitted. 
S.H.A. 91 § 110; J.A. 19.047. 
111. Collusion to misstate or conceal facts.] § 6. Any 
collusion between any official and any person, or between any others 
herein named, to misstate or conceal any facts which under this act 
are essential to report correctly any case of ophthalmia neonatorum, 
shall likewise constitute a misdemeanor, and any person upon con- 
viction thereof, shall suffer a penalty such as is hereinafter provided. 
S.H.A. 91 § 111; J.A. 19.048. 162 
PUBLIC HEALTH LAWS 
112. State’s attorney to prosecute.] § 7. It shall be the 
duty of the State’s Attorney for the proper district to prosecute for 
all misdemeanors as herein prescribed. 
S.H.A. 91 § 112; J.A. 19.049. 
113. Penalty.] § 8. Any person violating any of the pro- 
visions of this act shall be guilty of a misdemeanor and shall, upon 
conviction thereof, be fined not less than fifty ($50) dollars nor more 
than one hundred ($100) dollars, or be imprisoned in the county jail 
not to exceed six months, or both, in the discretion of the court. [As 
amended by act approved April 20, 1933. L. 1933, p. 714.] 
S.H.A. 91 § 113; J.A. 19.050. 
[§ 9. Repeal.] 
PRENATAL BLOOD TESTS FOR SYPHILIS 
An Act concerning blood tests for pregnant women for the purpose 
of preventing prenatal syphilis. [Filed July 21, 1939. L. 1939, 
p. 708, H. B. No. 391.] 
Be it enacted by the People of the State of Illinois, represented 
in the General Assembly: 
113a. Blood tests for pregnant women, as to syphilis.] § 1. 
Every physician, or other person, attending in a professional ca- 
pacity a pregnant woman in Illinois, shall take or cause to be taken 
a sample of blood of such woman at the time of the first examination. 
Said blood specimen shall be submitted to a laboratory approved by 
the State Department of Public Health for a serological test for 
syphilis approved by the State Department of Public Health. In the 
event that any such blood test shall show a positive or doubtful result 
a second test shall be made. Such serological test or tests shall, upon 
request of any physician in the State, be made free of charge by the 
State Department of Public Health or the Health Department of 
cities, villages and incorporated towns maintaining Health Depart- 
ments. 
S.H.A. 91 § 113a; J.A. 58.59. 
113b. Birth certificates, statements as to such blood tests.] 
§ 2. In reporting every birth or stillbirth, physicians and others 
required to make such reports shall state on the birth certificate or 
stillbirth certificate, as the case may be, whether a blood test for 
syphilis has been made upon a specimen of blood taken from the 
woman who bore the child for which a birth or stillbirth certificate 
is filed, together with the date when the blood specimen was taken 
and the name of the laboratory making the test. In no event shall 
the birth or stillbirth certificate state the result of the test. 
S.H.A. 91 § 113b; J.A. 58.60. 
113c. State department of health to administer act con- 
cerning blood tests for pregnant women.] § 3. This act shall be 
administered by the State Department of Public Health, 
S.H.A. 91 § 113c; J.A. 58.61. SANITARY INSPECTION 
163 
WASHROOMS 
An Act to provide for washrooms in certain employments to protect 
the health of employes and secure public comfort. [Approved 
June 26, 1913. L. 1913, p. 359.] 
98. To what act applies.] § 1. Every owner or operator of a 
coal mine, steel mill, foundry, machine shop, railroad, or other like 
business in which employees become covered with grease, smoke, dust, 
grime and perspiration to such extent that to remain in such condition 
after leaving their work without washing and cleansing their bodies 
and changing their clothing, will endanger their health or make their 
condition offensive to the public, shall provide and maintain a suitable 
and sanitary washroom, with an adequate quantity of soap containing 
bland non-irritating detergents which effectively cleanse the skin, at 
a convenient place where employees are required to report for duty 
or are relieved from duty, in or adjacent to such mine, mill, foundry, 
shop, railroad or other place of employment for the use of such em- 
ployees. [As amended by act approved July 9, 1937. L. 1937, 
p. 1556 (S. B. No. 15).] 
S.H.A. 48 § 98; J.A. 45.076. 
Prior amendment: L. 1931, p. 575. 
Act is constitutional and valid as a police regulation applied to the con- 
ditions of such places of employment where employees become so dirty and 
sweaty as to necessitate washing and change of clothing after work, for the 
protection of their own and the public health. P. v. Cleveland, C. C. & St. L. 
Ry. Co., 288—523, 123 N. E. 579, rev’g 212 A. 557. 
99. Arrangement, number and how provided.] § 2. Such 
wash room shall be so arranged that employees may change their 
clothing therein, and shall be sufficient for the number of employees 
engaged regularly in such employment; shall be provided with lockers 
or hangers in which employees may keep their clothing; shall be pro- 
vided with an adequate supply of safe, clean and potable water sat- 
isfactory for drinking purposes dispensed in a sanitary manner, and 
with an adequate supply of safe, clean, hot and cold water satisfac- 
tory for shower and bathing purposes and with sufficient and suitable 
places and means for using the same; and provided with a sufficient 
number of showers for the use of employees who regularly use said 
wash room; and during cold weather shall be sufficiently heated. The 
floor space necessary for the men to dress in such wash room shall 
not be less than seven square feet per man regularly dressing in such 
wash room at any one time. [As amended by act approved July 9, 
1937. L. 1937, p. 599 (H. B. No. 788).] 
S.H.A. 48 § 99; J.A. 45.077. 
Prior amendments: L. 1921, p. 445; L. 1919, p. 537. 
100. Inspection by proper authorities—Inspector may close.] 
§ 3. It shall be the duty of the State and county mine inspectors, 
factory inspectors and other inspectors required to inspect places and 
kinds of business required by this act to be provided with wash rooms, 
to inspect such wash rooms and report to the owner or operator, the 
sanitary and physical condition thereof in writing, and make recom- 
mendations as to such improvements or changes as may appear to be 164 
PUBLIC HEALTH LAWS 
necessary for compliance with the provisions of this act. Any in- 
spector shall have the authority to lock and close any washroom found 
to be conducted in violation of this Act, and may institute proceedings 
to enforce the penalty provided in Section 4.1 [As amended by act 
approved July 9, 1937. L. 1937, p. 1556 (H. B. No. 788.)] 
S.H.A. 48 § 100; J.A. 45.078. 
101. Penalty for violation.] § 4. Any owner or employer 
who shall fail or refuse to comply with the provisions of this act shall 
be deemed guilty of a misdemeanor, and upon conviction thereof, 
shall be fined not more than two hundred dollars. [As amended by 
act approved July 9, 1937. L. 1937, p. 600 (H. B. No. 788).] 
S.H.A. 48 § 101; J.A. 45.079. 
102. Succeeding offenses.] § 5. Any owner or employer who 
shall be convicted of a violation of the provisions of this act shall be 
subject to a conviction for succeeding offenses for each and every day 
he shall neglect or refuse to comply herewith. 
S.H.A. 48 § 102; J.A. 45.080. 
COUNTY SUPERVISORS AND COUNTY PHYSICIANS 
An Act to revise the law in relation to paupers. [Approved March 
23, 1874. R. S. 1874, p. 754.] 
1. Who liable to support.] § 1. Be it enacted by the People 
of the State of Illinois. represented in the General Assembly: That 
every poor person who shall be unable to earn a livelihood in conse- 
quence of any bodily infirmity, idiocy, lunacy, or other unavoidable 
cause, shall be supported by the father, grandfather, mother, grand- 
mother, children, grandchildren, brothers or sisters of such poor 
person, if they, or either of them, be of sufficient ability: Provided, 
that when any persons become paupers from intemperance, or other 
bad conduct, they shall not be entitled to support from any relation, 
except parent or child. 
S.H.A. 107 § 1; J.A. 98.01. 
29. Powers of county board.] § 28. The county board of each 
county in this State shall have power: 
(1) To acquire in the name of the county by purchase, grant, 
gift or devise, a suitable tract or tracts of land upon which to erect 
and maintain a county poor house and other necessary buildings in 
connection therewith, and for the establishment and maintenance of 
a farm for the employment of the poor, and to erect and maintain 
such buildings and establish and maintain such farms, but they shall 
not expend for the purchase of any such land or the erection of any 
such buildings a sum exceeding three thousand dollars ($3,000.00) 
without a two-thirds majority vote of all the members of the county 
board. 
Section 101 of this chapter. POWERS OF LOCAL BOARDS 
165 
Any such county shall have power to contract with another 
county or counties jointly to secure by purchase or otherwise, neces- 
sary lands, and erect and maintain a poor house and other necessary 
buildings for the maintenance of the poor of such counties. 
(2) To receive in the name of the county gifts, devises and 
bequests to aid in the erection or maintenance of the poor house, or 
in the care and support of poor and indigent persons. 
(3) To make all proper rules and regulations for the manage- 
ment of the county poor house and poor farm and of the inmates of 
the poor house. Provided, that no such poor farm shall be let or 
rented upon the principle of the highest bid for the use of the land 
and the lowest bid for the maintenance of the county charges or upon 
any plan which may tend to the detriment or neglect of the inmates 
or the waste or deterioration of the property, but shall be conducted by 
the county only through its officers, agents or representatives. 
(4) To appoint a keeper of the poor house and all necessary 
agents and servants for the management and control of the poor house 
and farm and prescribe their compensation and duties. 
(5) To appoint a county physician and prescribe his compensa- 
tion and duties. 
(6) To appoint an agent to have the general supervision and 
charge of all matters in relation to the care and support of the poor 
and prescribe his compensation and duties. 
All poor houses, poor farms and institutions provided and main- 
tained by counties for the support and care of paupers shall be known 
as county homes. [As amended by act filed July 11, 1935. L. 1935, 
p. 1055.f 
S.H.A. 107 § 29; J.A. 98.31. 
Prior amendments: L. 1919, p. 698; L. 1917, p. 638. 
POWERS OF CITY COUNCILS AND VILLAGE BOARDS 
RELATIVE TO SANITARY CONDITIONS AND 
NUISANCES 
An Act to provide for the incorporation of cities and villages, ap- 
proved April 10, in force July 1, 1872. Laws of 1871-2,p. 218. 
Smith-Hurd Revised Statutes, 1925, Chap. 24, pages 315-320. 
Article V, § 1. The city council in cities, and the president and 
the board of trustees in villages, shall have the following powers: 
§ 13. To regulate the openings therein for the laying of gas 
or water mains and pipes, and the building and repairing of sewers, 
tunnels and drains, and erecting gas lights: Provided, however, 
that any company heretofore organized under the general laws 
of this State, or any association of persons organized or which may be 
hereafter organized for the purpose of manufacturing illuminating 
gas to supply cities or villages, or the inhabitants thereof, with the 
same, shall have the right by consent of the common council (subject 
to existing rights), to erect gas factories and lay down pipes in the 
streets or alleys of any city or village in this State, subject to such 
regulations as any such city or village may by ordinance impose. 166 
PUBLIC HEALTH LAWS 
§ 15. To regulate and prevent the throwing or depositing of 
ashes, offal, dirt, garbage, or any offensive matter in, and to prevent 
injury to any street, avenue, alley, or public ground. 
§ 27. To compel and require railroad companies to make and 
keep open and to keep in repair ditches, drains sewers and culverts 
along and under their railroad tracks so that filthy or stagnant pools 
of water can not stand on their grounds or right-of-way, and so that 
the natural drainage of adjacent property shall not be impeded. 
§ 29. To construct and keep in repair culverts, drains, sewers 
and cesspools and to regulate the use thereof. 
§ 30. To deepen, widen, dock, cover, wall, alter or change cha- 
nel of watercourses. 
§ 40. To provide for the cleansing and purification of waters, 
watercourses and canals, and the draining or filling of ponds on pri- 
vate property, whenever necessary to prevent or abate nuisances. 
§ 49. To establish markets and market-houses, and provide for 
the regulation and use thereof. 
§ 50. To regulate the sale of meats, poultry, fish, butter, cheese, 
lard, vegetables, and all other provisions, and to provide for place 
and manner of selling the same. 
§ 52. To regulate the sale of bread in the city or village; pre- 
scribe the weight and quality of bread in the loaf. 
§ 53. To provide for, and regulate the inspection of meat, poul- 
try, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal 
and other provisions. 
§ 57. To regulate the construction, repairs and use of vaults, 
cisterns, areas, hydrants, pumps, sewers and gutters. 
§ 75. To declare what shall be a nuisance, and to abate the 
same; and to impose upon parties who may create, continue or suffer 
nuisances to exist. 
§ 76. To appoint a board of health, and prescribe its powers 
and duties. 
§ 77. To erect and establish hospitals and medical dispensaries 
and to regulate hospitals, medical dispensaries, sanatoria and under- 
taking establishments, and to direct the location thereof. 
§ 78. To do all acts, make all regulations which may be neces- 
sary or expedient for the promotion of health or the suppression of 
disease. 
§ 79. To establish and regulate cemeteries within or without 
the corporation, and acquire lands therefor by purchase or otherwise, 
and cause cemeteries to be removed, and prohibit their establishment 
within one mile of the corporation. PUBLIC NUISANCES 
167 
§ 81. To direct the location and regulate the management and 
construction of packing houses, renderies, tallow chandleries, bone 
factories, soap factories and tanneries, within the limits of the city 
or village limits, and within the distance of one mile without the 
city or village limits. 
§82. To direct the location and regulate the use and construction 
of breweries, distilleries, livery, boarding or sale stables, blacksmith 
shops, foundries, machine shops, garages, laundries, and bathing 
beaches, within the limits of the city or village. 
§83. To prohibit any offensive or unwholesome business or 
establishment within or within one mile of the limits of the corporation. 
§ 84. To compel the owner of any grocery, cellar, soap or 
tallow chandlery, tannery, stable, pig-sty, privy, sewer or other un- 
wholesome or nauseous house or place, to cleanse, abate, or remove 
the same, and to regulate the location thereof. 
§ 89. The city council shall have power, by condemnation or 
otherwise, to extend any street, alley or highway over or across, 
or to construct any sewer under or through any railroad track, 
right-of-way, or land of any railroad company (within the corporate 
limits) ; but where no compensation is made to such railroad company 
the city shall restore such railroad track, right-of-way or land to its 
former state, or in a sufficient manner not to have impaired its 
usefulness. 
LAW RELATING TO PUBLIC NUISANCES 
(See Smith-Hurd’s Revised Statutes 1933, Chap. 38, Sec. 221 
and 222, page 1067) 
Note: The State’s Attorneys of counties are the State officials 
authorized to enforce this law. The State Department of Public 
Health has no authority for enforcement. 
§ 221. It is a public nuisance: 
1. To cause or suffer the carcass of any animal or any offal, 
filth or noisome substance to be collected, deposited or to remain in 
any place, to the prejudice of others, 
2. To throw or deposit any offal or other offensive matter, or 
the carcass of any dead animal, in any watercourse, lake, pond, spring, 
well or common sewer, street or public highway. 
3. To corrupt or render unwholesome or impure the water of 
any spring, river, stream, pond or lake, to the injury or prejudice 
of others. 
4. To obstruct or impede, without legal authority, the passage 
of any navigable river or waters. 
5. To obstruct or encroach upon public highways, private ways, 
streets, alleys, commons, landing places, and ways to burying places. 168 
PUBLIC HEALTH LAWS 
6. To carry on the business of manufacturing gunpowder, nitro- 
glycerine, or other highly explosive substances, or mixing or grinding 
the materials therefor, in any building within twenty rods of any 
valuable building erected at the time such business may be commenced. 
7. To establish powder magazines neaT incorporated towns, at 
a point different from that appointed according to law by the corpor- 
ate authorities of the town, or within fifty rods of any occupied 
dwelling house. 
8. To erect, continue or use any building or other place for the 
exercise of any trade, employment or manufacture, which by occa- 
sioning noxious exhalations, offensive smells or otherwise, is offensive 
or dangerous to the health of individuals, or of the public. 
9. To advertise wares or occupation by painting notices of the 
same on, or affixing them to fences or other private property, or on 
rocks or other natural objects, without the consent of the owner, or 
if in the highway or other public place, without permission of the 
proper authorities: Provided, that nothing in this section contained 
shall be construed to prevent the municipal authorities of any incor- 
porated city, town or village from declaring what shall be nuisances, 
and abating the same within their limits. 
Penalties: 
§ 222. Whoever causes, erects or continues any such nuisance 
shall, for the first offense, be fined not exceeding $100, and for a 
subsequent offense shall be fined in a like amount, and confined in 
the county jail not exceeding three months. Every such nuisance, 
when a conviction therefor is had in a court of record may, by order 
of the court before which the conviction is had, be abated by the 
sheriff or other proper officer, at the expense of the defendant, and 
it shall be no defense to any proceeding under this section, that the 
nuisance is erected or continued by virtue or permission of any law 
of this State. 
SCHOOL HEALTH LAWS 
Chapter 122. An Act to establish free schools*** [approved 
1909—amended 1939.] 
123. Powers of directors.] § 115. The board of school direc- 
tors shall be clothed with the following powers: 
Fourteenth—To establish classes of one or more pupils for the 
instruction of crippled children over the age of six and under twenty- 
one years. 
Fifteenth—To establish classes for the instruction of deaf chil- 
dren over the age of three and under twenty-one years; Provided, 
however, that no person shall be employed to teach the deaf who 
shall not have received instruction in the methods of teaching the 
deaf for a term of not less than one year. SCHOOL HEALTH LAWS 
169 
Nineteenth—To employ dentists and furnish their professional 
services free of charge, for the examination of the teeth of the pupils 
of the school, and for any necessary work to be done in same, when, 
and only when, such examination or examinations and work is first 
requested or consented to in writing by the parent or parents, or 
legal guardian of the pupil to be so examined or worked upon, said 
request or consent to be signed by said parent or parents, or legal 
guardian. 
Twenty-first—To establish and maintain a properly equipped 
first aid room with a competent nurse in charge thereof in any school 
in which the said board deems it necessary, to assist the children 
of such school in case they are sick or are injured. The assistance 
shall be rendered only at the school, and the nurse shall not interfere 
with the children in their homes; nor shall said nurse attempt to 
render assistance to, or in any way interfere with any child or chil- 
dren, either at the school or elsewhere, without the consent of said 
child or children and the teacher immediately in charge of said child 
or children, or over the objection thereto of the parent or parents or 
guardian or guardians of said child or children. 
Twenty-second—-To employ a physician and surgeon and define 
his duties. 
Twenty-third—To purchase textbooks and rent the same to the 
pupils of the school, [as amended by act approved July 9, 1937. 
L. 1937, p. 1116.] 
S.H.A. 122 § 123; J.A. 123. 130. 
Prior amendments: L. 1927, pp. 815, 817, 819, 821; L. 1925, p. 567. 
Schools for deaf and blind, see § § 675, 685, post. 
Visitation and instruction of blind, see Charities, ch. 23, § § 38-38b, ante. 
Schools for crippled children, see § § 685a-685i, post. 
Schools for delinquent children, see § § 686-693, post. 
The board of school directors cannot exercise any power except in the 
manner provided by statutes. Carter Oil Co. v. Liggett, Sup., 21 N.E.2d 569. 
127. Erection, etc., of school buildings.] § 119. It shall not 
be lawful for a board of directors to purchase or locate a school house 
site, or to purchase, build or move a school house, or to levy a tax to 
extend schools beyond nine months without a vote of the people at 
an election called and conducted as required by Section 198 of this 
act. A majority of the votes cast shall be necessary to authorize the 
directors to act. If no locality shall receive a majority of the votes, 
the directors may select a suitable site. The site selected by either 
method shall be the school site for such district. 
Before erecting or remodeling a public school building the board 
of directors or the board of education in districts containing fewer than 
100,000 inhabitants, shall submit the plans and specifications respect- 
ing heating, ventilation, lighting, seating, water supply, toilets and 
safety against fire to the county superintendent of schools for his 
approval. [As amended by act approved June 25, 1915. L. 1915, 
p. 635.] 
S.H.A. 122 § 127; J.A. 123. 134. 
Section 198 of this act, referred to, see § 221, post. 170 
PUBLIC HEALTH LAWS 
3. Duties of superintendent.] § 3. The duties of the Super- 
intendent of Public Instruction shall be: 
First—To have his office at the seat of government, and to keep 
a record of all matters pertaining to the business of his office. 
Thirteenth—To prepare with the advice of the state board of 
health, the state architect and the state fire marshal, for school direc- 
tors and boards of education specifications for the minimum require- 
ments for the heating, ventilation, lighting, seating, water supply, 
toilet and safety against fire which will conserve the health and 
safety of the children attending the public schools. [As amended by 
act approved July 2, 1923. L. 1923, p. 575.] 
S.H.A. 122 § 3; J.A. 123. 003. 
Prior amendment: L. 1915, p. 635. 
PLAYGROUNDS 
Act of June 25, 1917 
§ 389. Play grounds established. 
§ 340. Not required to be contiguous. 
§ 340a. Supervision and management. 
§ 341. Police control. 
Act of June 28, 1921 
§ 342. In certain cities. 
§ 343. Tax levy. 
§ 343a. Anticipation warrants. 
§ 343b. Emergency. 
PHYSICAL EDUCATION AND TRAINING 
Act of June 25, 1915 
§ 521. Physical education and training courses in all schools 
receiving support from the state. 
§ 522. Boards of education must make provision. 
§ 522a. Purpose of courses. 
§ 523. Normal schools shall provide regular course of training 
for teachers. 
MORAL AND HUMANE EDUCATION 
Act of June 14, 1909 
§ 524. Duties of teachers. 
§ 525. Time devoted. 
§ 526. Experiments upon animals. 
§ 527. Programs for annual meetings. 
§ 528. Reports—penalty. HANDICAPPED CHILDREN 
171 
SCHOOLS FOR DEAF AND BLIND 
Act of April 23, 1929 
§ 675. School authorities authorized to maintain. 
§ 676. Acquisition of school sites. 
§ 677. Administration—teachers, etc. 
§ 678. Non-resident children, tuition, transportation, 
§ 679. Qualifications of teachers—age and mentality of pupils. 
§ 680. Reports to Department of Public Welfare—excess cost. 
§ 681. State to pay excess cost—limitation. 
§ 682. Supervision. 
§ 682a. Issuance of warrants. 
EDUCATION OF DEAF AND BLIND CHILDREN 
Act of June 28, 1917 
§ 683. Duty of parent or guardian. 
§ 684. Expense. 
§ 685. Neglect—penalty. 
SCHOOLS FOR CRIPPLED CHILDREN 
Act of June 19, 1923 
§ 685a. Establishment authorized. 
§ 685b. Management. 
§ 685e. Crippled children’s instruction fund. 
§ 685d. Qualifications of teachers. 
§ 685e. Report of expenses. 
§ 685f. Excess cost to be paid by state. 
§ 685g. “Crippled child” defined. 
§ 685h. Superintendent of Public Instruction to supervise 
§ 685i. Auditor authorized to issue warrants. 
TEACHING OF HYGIENE 
Act of June 12, 1909, resumed 
297. Instruction on nature of alcoholic drinks, etc.] 
§ 273. The nature of alcoholic drinks and other narcotics and their 
effects on the human system shall be taught in connection with the 
various divisions of physiology and hygiene, as thoroughly as are 
other branches, in all schools under state control, or supported wholly 
or in part by public money, and also in all schools connected with 
reformatory institutions. All pupils in the above mentioned schools, 
below the second year of the high school and above the third year 
of school work, computing from the beginning of the lowest primary 
year, or in corresponding classes of ungraded schools, shall be taught 
and shall study this subject every year from suitable text books in 
the hands of all pupils, for not less than four lessons a week for ten 
or more weeks of each year, and must pass the same tests in this as in 
other studies. In all schools above mentioned all pupils in the lowest 172 
PUBLIC HEALTH LAWS 
three primary school years, or in corresponding classes in ungraded 
schools, shall each year be instructed in this subject orally for not 
less than three lessons a week for ten weeks in each year, by teachers 
using text books adapted for such oral instruction as a guide and 
standard. The local school authorities shall provide needed facilities 
and definite time and place for this branch in the regular courses of 
study. The text books in the pupils’ hands shall be graded to the 
capacity of the fourth year, intermediate, grammar and high school 
pupils, or to corresponding classes as found in ungraded schools. 
For students below high school grade such text books shall give at 
least one-fifth their space, and for students of high school grade shall 
give not less than twenty pages to the nature and effects of alcoholic 
drinks and other narcotics. The pages on this subject, in a separate 
chapter at the end of the book, shall not be counted in determining the 
minimum. In all normal schools, teachers’ training classes and 
teachers’ institutes, adequate time and attention shall be given to 
instruction in the best methods of teaching this branch, and no teacher 
shall be licensed who has not passed a satisfactory examination in this 
subject and the best methods of teaching it. Any school officer or 
officers who shall neglect or fail to comply with the provisions of this 
section shall forfeit and pay for each offense the sum of not less than 
five dollars nor more than twenty-five dollars. 
S.H.A. 122 § 297; J.A. 123. 366. 
Attorney General’s opinions on physical examinations in public schools. 
1919-20 p. 773; 1921-22 p. 221; 1923-24 pp. 392-346; 1925 pp. 268-378; 1929 
p. 99; 1933 p. 599. 
PHYSICAL EXAMINATION 
The statutes of Illinois do not touch on the subject of compulsory 
vaccination against smallpox, however, the Supreme Court of Illinois 
has held that an order of a board of health or board of education, 
requiring the exclusion of unvaccinated children from schools, when 
smallpox exists in the community or vicinity, is legal and enforceable. 
If this power may be exercised by a department of a municipality, 
the authority of a municipality to require such exclusion by ordinance, 
when smallpox exists in the community or vicinity, can hardly be 
questioned. The order of the board of health or board of education 
of a municipality can apply only to the schools within the limits of 
the municipality. When smallpox exists in country districts, outside 
of municipalities, the order for the exclusion of unvaccinated children 
should come from the township board of health in counties under 
township organization or from the county board of health in counties 
not under township organization or from the board of directors of 
school districts in a township or precinct. (Manual and Outline of 
Procedure for Health Officers—1937) State Dept, of Public Health. 
COMPULSORY VACCINATION INDEX 
173 
INDEX 
Page. 
A 
Abatement of Nuisances, Local 20-41-42-49-53-63-80-82-163 
Abatement, Mosquito District Law 20-83 
Accident Fatalities Table 16 
Accident Fatalities Table, Motor Vehicles 16 
Accounting and Financing 8 
Adequate Health Department, Described 30 
Administration of Certain Health Laws 3-4-5-7 
Adopted Child Birth Certificate 103-106 
Adult Blind, Visitation 4 
Adulteration of Milk and Products 62-63-65 
Adulterated Food Products and Liquors 62-63-65 
Advisory Board, Public Heath 5 
Agriculture, Department of 4-50 
Alcohol and Narcotics Instruction in Schools 171 
Almshouses to Make Birth Records 98 
Anatomical Association Exemption in re Dead Bodies 120 
Animals, Dead 67 
Animals, Diseased 4-67 
Animals, Running at Large 41 
Animals, Wild 4 
Anti-Rabies Serum 11-28-38 
Anti-toxin, Sale of 36 
Annexation, Cities, Towns, Villages, Powers of 44-54 
Application for Pasteurization Plant 69 
Appointees, Health Department 5-8-42 
Assistant Director of Public Health , 5-6-8 
Attorney General’s Opinions 172 
Auditors 9 
Auxiliary Personnel 8 
B 
Babies (See Infancy and Child) 
Ballot for Public Health District 131 
Ballot for Tuberculosis Sanitarium County Program 153 
Ballot for Tuberculosis Sanitarium District Program 140 
Ballot for Taxing for Community Nurses ' 122 
Barber Schools and Shops 3-65 
Bathing Beach Regulation 38-41-81 
Beauty Schools and Beauty Culture 3-65 
Bees 4 
Biologies Distribution 11 
Birds 4 
Birth and Death Records, Certified Copies of 101-104 
Birth Certificates Filing 95-162 
Birth Certificates Without Given Name 98 
Birth Certificates for Adopted Child 103 
Birth Control 26 
Birth Records 16-17-34-90-96-105-162 
Birth Registration Districts 91 
Birth Registrars, Local 91-99-101 
Births 16-17-90-95-162 
Blacksmith Shop Regulation 41 
Blindness in Infants Prevention. , 160 
Blind School Children .... 171 
Blind, Visitation of Adult 4 
Blood Tests Before Marriage 158 
Blood Tests in Pregnant Women 15-162 
Board of Health, Local 39-42 
Board of Health Membership, County, District 130 
Board of Health, State, Abolished 33 
Board of Health State, Created 33 
Board, Sanitary Water, Act 50 
Boards, City, Public Health 39-40-42-165 
Boards, County and Township, Public Health 42-43 
Boards, Village, Public Health 39-40-42-165 
Bone Factories Regulation 41 
Bread Sales, Regulation of 67 
Breweries and Distilleries Regulation 41-65 
Buildings, Public 4 
Bulletin, Bi-Weekly 24 
Burial Act 105 174 
INDEX 
Burial Permit Filing 95 
Burial Permits 92 
Burial Permit Wording 95 
Butter (See Milk and Products) 63-65 
Butter, Adulterated 62-65 
Butter Substitutes 63-65 
c 
Canals and Waterways 60-166 
Canals, Private, Regulation of 166 
Cancer,Control 21-39 
Cancer Control Director 8-22 
Cancer Control Education 22 
Cancer Control Laws 22 
Cancer Control Surveys 22 
Cancer, Diagnosis, Free 22 
Canned Food 87 
Carrier, Quarantine of 40 
Cemetary, Establishment and Regulation of 41 
Charity 4-66 
Cheese (See Milk and Products) 62 
Child Dental Examination 21-169 
Child Health 2 5 
Child Hygiene and Public Health Nursing 25-26-31 
Child Labor Laws 4 
Child Welfare 4 26 
Children, Blind 171 
Children, Crippled 26-168-171 
Children, Deaf 168 
Children, Handicapped 4-26-168-171 
Children, Physical Examination of 21-26-172 
Chiropody Law 3 
Chiropractic 3 
Christian Science 3 
Cigarette Vending Machine 40 
Cisterns, Local Regulation of » 166 
City Physician, Appointment of - ..40-42 
City Physician, Duties 40-41-165 
Civil Administrative Code 5 
Civil Service 8-9 
Clerical Personnel 8 
Clinics, Venereal Disease 13 
Coal Mine Washrooms 163 
Coffee Houses, Regulation of 65 
Cold Storage Regulation 65-67 
Coleman Act 130 
College of Embalming Exemption in re Dead Bodies 120 
Comfort Stations and Washrooms 64-65-72-163 
Commission, Ohio River Sanitary 84 
Communicable Disease Control 10-31 
Communicable Diseases 10-31 
Communicable Disease Hospitals 137 
Community Nurses, Tax for Permitted 121 
Community Sanitation 27 
Compulsory Vaccination 172 
Conference, Annual State 9 
Conferences, Regional 9 
Conferences, Staff 9 
Congenital Syphilis 15 
Conservation, Department of 4 
Consultation Services 14 
Containers, Milk 70-77 
Conventions, National 9 
Coroner to be Called 94 
County Clerk’s Annual Report 37 
County Clerk’s Report of Vacancies in Office 37 
County Medical Society Exemption in re Dead Bodies 120 
County Physicians, Appointment of 43-164 
County Poor Farm 165 
County Supervisors, Appointment of 164 
Cows, Dairy, Clean 78 
Cows, Diseased 67 
Cremation (See Burial) 
Crippled Children 26-168-171 
Culverts, to be Drained 166 
Cup, Public Drinking 64 
D 
Dairy and Food Control 4-65-68 
Dairy Barn Regulation ..76-78 
Dance Halls and Road Houses 64-66 INDEX 
175 
Page. 
Dead Animals, Disposition of 67 
Deaf School Children 171 
Death Certificates, Contents of 93 
Deaths 16-17-90-94 
Deaths, Out of State 17-92 
Death Records ; 91 
Death Registration 90-93 
Death Without Medical Attendance 94 
Dental Hygiene 21 
Dental Hygiene and School Children 21-169 
Dental Hygiene Districts 21 
Dental Hygiene Meetings 21 
Dental Hygiene Nurses 7 
Dental Hygiene Research 21 
Dental Hygiene Statistics 21 
Dental Personnel 7 
Dental Practice Law 3 
Dentists 3-7-21 
Dentists, School 169 
Diagnosis 22-38 
Director of Public Health 3-5-7-8-9-19-50-68-76-89 
Diseased Animals for Food 4-67 
Disease Prevention Literature Authorized 39 
Diseases Reportable (See Manual for Health Officers) 10 
Dish Washing in Public Eating Places 4-64 
Distillery Regulation 65 
Distribution of Free Sera, etc 38 
District Health Functions 10-28-130 
District Health Organization 10-28-130 
District Health Programs 10-31 
District Health Superintendents 10-28 
District Health Units 10-28 
District Health Unit Staff 10-28 
Districts, Public Health 10-28-130 
Districts Sanitary 57-58-59-60 
Districts, Tuberculosis Sanitarium 138-155 
Ditches, Railroad, to be Drained 166 
Dogs, Rabid 4-157 
Dogs, Running at Large 41-167 
Dogs, Stray, for Vivesection 41 
Drainage 49-166 
Drinking Cup, Public 64 
Drugs, Narcotic, Act ; 3-24 
Duties of State Department of Public Health 38-99-161 
E 
Education, Public Health 24-25-32-39 
Embalmers and Funeral Directors 3-105-111 
Embalmers, State Reciprocity 113-116 
Embalming Act 105-111 
Embalming Act, Enforcement of 3-105-114-117 
Embalming Act Exemptions 120 
Embalming Act Repealed 105-106-121 
Embalming, Practice of 3-105 
Emergency Medical Treatment 166 
Employment Laws 4-50-66 
Engineering, Sanitary 18 
Environmental Sanitation 18-38-44-50-54-60-61-62-64-65-66-67-68-79-80-81-83-84-167 
Epidemics, Communicable Disease 11 
Epidemiological Studies 11-23 
Epidemiology, Venereal Diseases 13-23 
Examinations, Physical, of Children 21-172 
Exhibits, Health 24 
Exhibits, Mobile 25 
Explosives, Regulation of 3-4-168 
F 
Factories 4-23-67 
Factory Inspection 23-67 
Federal Funds for Construction 57 
Federal Housing Regulations , 19 
Fire Prevention 4-66 
Fire Regulations 4-66 
Fireworks Regulation Act 3 
First Aid in Hospitals Mandatory 156 
First Aid in Schools 169 
Flour, Inspection of 67 
Food and Dairy Control 4-62-63-67-80 
Food and Drug Control 24-40-62-67-80 
Food, Canned or Preserved , 67 176 
INDEX 
Page. 
Food Control on State Property 4 
Food Cooked, Local Regulation of 40 
Food Distributing, Insanitary 4-62-63-64-67-73-80 
Food Handlers, Examination of 64-73-78 
Pood Inspection 63-67-80 
Food Manufacturing, Insanitary 63-67-80 
Food Poisoning, Penalty for 67 
Food Regulations 4-40-62 
Foods, Sanitary Inspection 63-67-80 
Foundling Certificate of Birth 97 
Foundling Identified, Certificate of Birth 97 
Foundries, Regulation of 41 
Foundry, Washrooms 163 
Free Drugs " - 13 
Full Time Local Health Service 10 
Funeral Directors and Embalmers 40 
Garage Regulation 41 
Garbage Collection and Disposal 20-79-80 
Gas, Escaping, Inspection of 49-65 
Glackin Law 145 
Gonorrhea (See Venereal Disease) 13 
Graded Milk and Products 75 
Grocery Store Regulation 166 
G 
H 
Handicapped Children 4-26 
Health and Safety Rules 3 
Health Department, Adequate, Described 30 
Health Laws, Administration of 3-4-40 
Health Laws of Illinois 33 
Health Literature 11-24 
Health Officers, Vacancies 37 
Health Officers, Procedure 40-161 
Health Officers, Qualifications 5-42 
Health Service, Local 10 
Highway Safety 4 
Home, County • 64 
Home Work, Industrial 66 
Horse Stable Regulation 41 
Hospital and Sanitarium Laws 39-40-66-98-136-137-138-156 
Hospital Emergency Treatment 156 
Hospital, Maternity, Standards 25-66-136-137 
Hospitals, Local, Establishment of 40-66-136 
Hospitals, Service Corporation 138 
Hospitals to Make Record 98 
Hotel Inspection 34-61-64 
Hotel and Lodging House Laws 61-64 
Housing and Factories 4-66-67 
Housing Control 19 
Humane Education in Schools 170 
Hygiene, Teaching of 171 
Ice Cream, Local, Regulation of 40-65 
Illegitimate Child Birth Certificates 93-96-97-105 
Incestuous Marriage 158 
Incorporated City or Village, Powers of 40-54 
Incorporation of Cities and Villages 39-44 
Indiana Ratification of Ohio River Compact 89 
Industrial Home Work 4-66 
Industrial Hygiene 3-23-66-72 
Industrial Hygiene, Engineering Services 23-66 
Industrial H3rgiene, Laboratory Services 23 
Industrial Hygiene, Medical Services 23 
Industrial Hygiene Statistical Records 23 
Industrial Washrooms 72 
Infancy and Child Health Program 25-31 
Infants’ Blindness and Prevention 160 
Inn Inspection 34-61-64 
Innoculation Campaigns 10-31 
Inspectors 7-23-26-34-38-39-49-65-67-69 
Institutes, Health 9 
Institutions, State 4 
Instruction, Public Health 24-25-32-39 
Insurance, Department of 4 
Investigators 7-38-39-53 
I INDEX 
177 
K 
Page. 
Kahn Test for Syphilis 14-15-16-26-32 
Kentucky Party to Ohio River Compact 84 
L 
Labels 63-67-70-71-78-79 
Laboratories, Local 23 
Laboratory Branches 23 
Laboratory, Mobile 23 
Laboratory Services 14 
Laboratory Services, Biologic and Research 23 
Laboratory Services, Diagnostic 14-23 
Laboratory Services, Water and Sewage 23 
Labor, Department of 3 
Lard, Inspection of 63 
Laundries, Regulation of 41 
Lavatories and Toilets 64-65-66-72-163 
Lectures, Health 11-22-25 
Legal Status of Public Health Department 5 
Library, Health 26 
Liquors, Adulterated 63 
Literature, Health 11-24 
Literature, Health, Authorized 39 
Livery Stables, Rugulation of 41 
Local General Diagnostic Laboratories 23 
Local Health Department, Appointment and Laws of 39-161 
Local Health Department Requirements 40-42 
Local Health Service, Supervision and Promotion of 10-161 
Local Health Service Funds 10-30 
Local Improvements 44-54-57 
Lodging House Inspection 26-34-61-64 
Lodging House Inspection Superintendent 8-27 
Lodging House Laws 34-61-64 
Lymphogranuloma Tests 14 
Lying-in Institutions to Make Record 98-136-137 
M 
Machine Shop Regulation 41 
Machine Shop Washrooms 163 
Malaria Control (See Mosquito Control) 
Manual and Outline of Procedure for Health Officers 10 
Markets and Market Houses, Regulation of 67 
Markets, Division of 4 
Marriage After Illegitimate Birth 97 
Marriage Law 158 
Marriage, Incestuous 158 
Maternal and Child Health 25-31-66-136 
Maternity Hospitals 136-137 
Maternity Nursing 66 
Meal, Inspection of - 166 
Meat Packing Regulation 41-65-67 
Medical Care 26-156 
Medical College Exemption in re Dead Bodies 120 
Medical, Practice Act 3 
Medical Personnel 7 
Medical Treatment, Emergency... 156 
Medicine, Adulterated 62 
Meetings, Staff 9 
Mental Healing 3 
Mental Hygiene 4-26 
Merit System 8 
Messenger, Health 24 
Midwives Licenses 3 
Midwives, Registration of 98 
Military Training Camp Nuisances.... 80 
Militia, State, Code 80 
Milk and Milk Products 65-68 
Milk and Products, Graded 75 
Mils Containers 70-77 
Milk House Regulations 71-77 
Milk Law' Violation 74 
Milk or Cream Testing 65-68 
Milk Pasteurization 68 
Milk Raw, Control 20 
Milk Sanitation and Control 20-65-68 
Milk Utensils and Containers 70-77 
Moral Education in Schools 170 
Mortality Table, General 16 
Mosquito Abatement District Law 20 178 
INDEX 
Mosquito Control 20-83 
Motion Pictures, Health 24 
Mouth Hygiene 21 
Municipal Clerk’s Annual Report 37 
Municipal Hospitals 137-138 
Page. 
N 
Narcotic Drug Act 3 
Narcotic Drugs Education HI 
Natatorium, Regulation of 41-81 
Nausious Places, Regulation of 41-163 
Naval and Military Code 80 
New York Ratification of Ohio River Compact 89 
Nuisances 20-41-42-49-53-63-80-82-163 
Nuisances, Certain Rural 4-53-66-80 
Nuisances, Near Military Training Camp 80 
Nuisances, Penalty for Continuance 80 
Nurses, Community, Tax for Permitted 121 
Nurses, Dental Hygiene * • • 7 
Nurses Licenses 3-123-129 
Nursing Act, Public Health 122 
Nursing Maternity 32 
Nursing Personnel 1 
Nursing, Public Health 3-7-25-122 
Nutritionists in Schools 26 
O 
Occupational Diseases 3-23 
Occupational License 40-41-65 
Occupational Protection 23-163 
Odors, Offensive, Regulation of ...41-165-167 
Offensive Businesses, Regulation of 41-165-167 
Ohio Party to Ohio River Compact 84 
Ohio River Valley Water Sanitation District 84 
Oil Inspection—Wells 49-65 
Old Age Assistance 4 
Oleomargarine Mixed with Butter 62-63-65 
Opinions of Attorney General 1V2 
Opthalmia Neonatorum 160 
Optometry Law 3 
Oral Hygiene (See Dental Hygiene) 
Organization of Dept, of Public Health 6 
Packing Houses Regulation 41-63-65-67 
Park Districts, Water Mains in 50 
Parks, Public 4-50-60 
Pasteurization of Milk 68 
Pasteurization Plants 69 
Paupers Liable to Support 3-164 
Penalties for Violation of Health Regulations 34-35 
Pennsylvania Party to Ohio River Compact 84 
Pensions of Teachers 4 
Personnel of Department of Public Health V 
Personnel Training 8-9 
Pharmacy Law 3 
Physical Education and Training in Schools 170 
Physical Examinations in Schools 21-172 
Physician, City 42 
Physician, County 43-165 
Physician, School 169 
Physicians, V. D. Services to 13-14 
Pigsty, Regulation of 42 
Plante 
Playgrounds, School 170 
Plumbing Control 19 
Plumbing Inspector 61 
Plumbing License Law 3-20-60 
Plumbers’ Licenses 3-20 
Plural Births, Registration 93 
Pneumonia 11 
Penumonia Anti-Serum, Free 11 
Penumonia Control 11 
Pneumonia Diagnostic Service, Free 11-23 
Pneumonia Drugs, Free 11 
Penumonia Educational Programs 11 
Pneumonia Institutes 11 
Pneumonia Local Stations 11 
P INDEX 
179 
Pneumonia Research Studies 11 
Pneumonia Typing 11 
Poisoned Food, Penalty for 67 
Poisoned Springs, Wells, etc 49 
Polluted Streams 4-20-50 
Ponds, Private, When Nuisance 166 
Poultry 4-67 
Powder Magazines, Regulation of 3-4-168 
Powers of Local Officials 39-165 
Powers of Public Health Department, State 38 
Powers of Public Health Department, Local 161-165 
Pregnancy and Syphilis 23-162 
Prenatal Blood Tests .23-162 
Prenatal Laboratory Tests, Free. 23 
Prenatal Law 23-162 
Prenatal Syphilis 23-162 
Premarital Examinations 23-158 
Premarital Laboratory Tests, Free 23 
Preserved Food 67 
Press Releases ' 24 
Prevention of Blindness in Infants 160 
Printing 9-39 
Privies, Nauseous, Regulation of 42-163 
Privies, Sanitary 27 
Procedure for Health Officers 10 
Public Drinking Cup 64 
Public Health Department, Chart of State 6 
Public Health Department, Local 39 
Public Health Districts 130 
Public Health Instruction, Division of 24 
Public Health Nursing Act 122 
Public Instruction, Department of 4 
Public Opinion 28 
Public Toilets 61-64-65-66-72-163 
Public Welfare, State Department of 4 
Public Works and Buildings, Department of 4 
Purchases 9 
Pure Food Inspection 4-63 
Pure Food Regulations 4-63-67-40-73-80 
Page. 
Qualifications of Health Officers 42 
Qualifications of Public Health Nurse 122 
Quarantine 10-40 
Quarantine Breaking, Penalty 34 
Quarantine of Typhoid Carrier 40 
Quarantine Regulations (See Manual for Health Officers) 
Q 
R 
Rabies in Dogs 4-157 
Rabies Serum 28-38 
Radio Broadcasts, Health 24 
Railroad Washrooms 163 
Rats, Control of (See Rodent Control) 
Raw Milk Control 20 
Records, Birth and Death 101-104 
Reciprocity 14-113 
Regional Conferences 9 
Registrars and Deputies, Local 91 
Registrars’ Fees 101 
Registration and Education, Department of 3-123 
Registration Directory 34 
Registration Districts 91 
Registration Officials 34 
Registration of Physician, Midwife, Undertaker 34 
Registration of Sexton 98 
Registration, Superintendent of 91 
Religious Healing 3 
Religious Rites in Burial 121 
Rendering Plants Regulation 41 
Reportable Diseases (See Manual for Health Officers) 10 
Reports, Form of Vital Statistics 105 
Research . 21 
Road Houses and Dance Halls 64-66 
Rodent Control 20 
Rules and Regulations, Communicable Disease 10 
Rural Health Service 10 
Rural Nuisances 4-66-53-80 180 
INDEX 
S 
Page. 
Safety, Highway 4 
Safety, Rules - 3-4-50-66 
Saltiel Premarital Law 14-158 
Salt Water in Oil Wells 49-65 
Sanitarium (See Hospitals) 
Sanitarium, City, Tuberculosis 138 
Sanitarium, County, Tuberculosis 145 
Sanitarium, District Tuberculosis, I 138 
Sanitarium, District Tuberculosis, II 155 
Sanitary Districts 57-58-59-60 
Sanitary Engineering Division 18-19-32 
Sanitary Equipment of Innkeepers 61 
Sanitary Food Inspection 4-24-40-62-63-67-80 
Sanitary Water Board Act 19-50 
Sanitary Waer Board, State 19-20-50 
Sanitation, Environmental 18-38-44-50-54-60-61-62-64-65-79-83-167 
Sanitation, Ohio River Valley Water 84 
Sanitation,. Schools 26-64-169 
Schools 4-26-168-171 
Schools for Blind, Crippled, Deaf Children 171 
School Health Laws 4-168 
School Health Service 26 
School Physical Examination 21-26-172 
School Physician 169 
Schools, Normal, Teaching 172 
Schools, Nutritionists in 26 
Schools of Public Health 9 
Services to Physicians 13-31 
Sewage Disposal Facilities 19-51-55-56-57 
Sewage Treatment 55-56 
Sewerage and Sewage Disposal, Municipalities 51-54-56 
Sexton, Registration of 98 
Shellfish Sanitation 20 
Smoke Prevention 20 
Snakes 4 
Soap Factory Regulation 41 
Social Security, Certain Phases of 4 
Social Security Funds 8-30 
Speakers, Public Health 11 
Spiritual Healing 3 
Stables, Regulation of 41 
Staff Conferences 9 
Standards, Division of 4 
State Board of Health 33 
State Institutions 4 
Statistics, Vital 16-39 
Steel Mill Washrooms ' 163 
Stenographic Personnel 8 
Stillbirths 16-91 
Stillbirths, Registration of 91-93 
Streams 4-20-50 
Stream Pollution 20-50-53 
Street Sanitation 166 
Superintendents, District Health 10-28 
Swimming Pools 21-38-81 
Swimming Pools, Construction 81 
Swimming Pools, Sanitary Control 21-81 
Syphilis 12-13-14-15-16 
Syphilis and Pregnancy 14-15 
Syphilis, Congenital, Control of 14-15 
Syphilis, Kahn Test for 14-16-26-32 
Syphilis Laws 10-23-158-162 
T 
Tallow Chandleries, Regulation of 41 
Tanneries, Regulation of 41 
Tavern Inspection 34-64-66 
Teachers 4 
Teachers’ Pensions 4 
Teaching of Health in Schools 26 
Technical Personnel 7 
Tenement and Lodging Houses Regulation 34-64 
Tennessee Party to Ohio River Compact 84 
Tobacco, Inspection of 166 
Toilets and Lavatories, Public 64-65-66 
Toilets and Lavatories, Industrial.... 64-72-163 
Township Organization and Water 49 
Trachoma Control 4 
Trainees 8-9 
Training of Personnel 9 INDEX 
181 
Treatment of Venereal Disease 14 
Triplets, Death Registration of Stillborn 93 
Tuberculosis 11 
Tuberculosis Case Finding 11-31 
Tuberculosis Control 11 
Tuberculosis County Control 11-145 
Tuberculosis Hospitals 11-138-145 
Tuberculosis Personnel 11 
Tuberculosis Sanitarium Districts, I and II 138-155 
Tuberculosis Sanitarium, City 138 
Tuberculosis Sanitariums, County 145 
Tuberculosis Treatment 141-148 
Tuberculous Cows 67 
Twins, Death Registration of Stillborn 93 
Typhoid Carrier, Quarantine of 40 
Page. 
U 
Undertaker, Regulation, Local 40 
Undertaker, Responsibilities of 94-98 
Utensils and Containers for Grade A Milk....' 77 
United States Housing Authority Regulation ; 19 
Vaccination, Attorney General’s Opinion 172 
Vegetables, Local Inspection of 166 
Venereal Disease 12-13-14-15-23-158 
Venereal Disease Case Finding 12 
Venereal Disease Case Holding 12 
Venereal Disease Clinics 12-13 
Venereal Disease Control 12-15-158 
Venereal Disease Education 12 
Venereal Disease Epidemiology 13-23 
Venereal Disease Examinations 14-15-16-23-158 
Venereal Disease Laws 15-158 
Venereal Disease Legislation Measures ; 15 
Venereal Disease New Activities 15 
Venereal Disease Services to Physicians 13-14 
Venereal Disease Special Measures 14 
Venereal Disease Reciprocal Relationship 14 
Ventilation of Dance Halls and Road Houses 64-66 
Ventilation, Lodging House 35 
Ventilation, School 169 
Vermin Control 20 
Veterans’ Service 4 
Veterinary Practice Law 3 
Virginia Party to Ohio River Compact 89 
Vital Statistics 16-39 
Vivesection, Strays Dogs for 41 
Vivesection Permitted 41-170 
Vocational Selection in Industry 23 
V 
W 
Washrooms and Comfort Stations 64-65-66-72-163 
Wassermann Tests 14 
Water and Water Supply 32-38-44 
Water Board, Sanitary 50 
Water Districts 48 
Water Rates and Taxes 44-46-47 
Water, Sealing Off 38-49-65 
Water Supply, Public 19-32-38-44-48 
Water Supply Tests Free 19-24 
Waterways and Canals 60 
Waterworks, Act to Construct or Enlarge 44-45-47-49 
Waterworks, and Sewerage Combined 48 
Waterworks and Sewage, Construction, etc 44-45-47 
Waterworks and Sewage, Tax Levy 44 
Waterworks, Certificates of Indebtedness 46 
Waterworks, General 44 
Waterworks, Joint Ownership 44-47 
Waterworks, Lease or Purchase of 44 
Waterworks, Refunding Revenue Bonds 46 
Welfare, Department of Public 4 
West Virginia Party to Ohio River Compact 90 
Woman’s Army and Cancer Control 22 
Works Progress Administration 18-27