093_HB3276

 
                                     LRB093 07139 LCB 07294 b

 1        AN ACT concerning vaccinations.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Life Care Facilities Act  is  amended  by
 5    adding Section 10.1 as follows:

 6        (210 ILCS 40/10.1 new)
 7        Sec. 10.1. Vaccinations.
 8        (a)  A  facility  shall annually administer a vaccination
 9    against influenza to each resident, in  accordance  with  the
10    recommendations  of  the  Advisory  Committee on Immunization
11    Practices of the Centers for Disease Control  and  Prevention
12    that  are  most recent to the time of vaccination, unless the
13    vaccination is medically contraindicated or the resident  has
14    refused the vaccine. Influenza vaccinations for all residents
15    age  60  and  over  shall be completed by November 30 of each
16    year or as soon as practicable if vaccine  supplies  are  not
17    available   before   November  1.  Residents  admitted  after
18    November 30, during the flu  season,  and  until  February  1
19    shall,   as   medically  appropriate,  receive  an  influenza
20    vaccination  prior  to  or  upon  admission  or  as  soon  as
21    practicable if vaccine supplies are not available at the time
22    of  the  admission,   unless   the   vaccine   is   medically
23    contraindicated  or  the resident has refused the vaccine. In
24    the  event  that  the  Advisory  Committee  on   Immunization
25    Practices  of  the Centers for Disease Control and Prevention
26    determines that dates  of  administration  other  than  those
27    stated  in  this  Act  are  optimal  to protect the health of
28    residents, the Department is authorized to develop  rules  to
29    mandate  vaccinations  at  those  times rather than the times
30    stated  in  this  Act.  A  facility  shall  document  in  the
31    resident's medical record that an annual vaccination  against
 
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 1    influenza    was    administered,    refused   or   medically
 2    contraindicated.
 3        (b)   A   facility   shall   provide   or   arrange   for
 4    administration of a pneumococcal vaccination to each resident
 5    who  is  age  60   and   over,   in   accordance   with   the
 6    recommendations  of  the  Advisory  Committee on Immunization
 7    Practices of the Centers for Disease Control and  Prevention,
 8    who  has  not  received  this  immunization  prior to or upon
 9    admission to the facility, unless the  resident  refuses  the
10    offer   for  vaccination  or  the  vaccination  is  medically
11    contraindicated. A facility shall document in each resident's
12    medical  record  that  a  vaccination  against   pneumococcal
13    pneumonia was offered and administered, refused, or medically
14    contraindicated.
15        (c)  A facility shall be held harmless from any action by
16    a resident, family member,  or  other  interested  party  for
17    administration  of  immunizations,  except  in  the  case  of
18    willful and wanton misconduct on behalf of the facility.

19        Section  10.   The  Nursing  Home  Care Act is amended by
20    changing Section 2-213 as follows:

21        (210 ILCS 45/2-213)
22        Sec. 2-213.  Vaccinations.
23        (a) A facility shall annually  administer  a  vaccination
24    against  influenza  to  each resident, in accordance with the
25    recommendations of the  Advisory  Committee  on  Immunization
26    Practices  of  the Centers for Disease Control and Prevention
27    that are most recent to the time of vaccination,  unless  the
28    vaccination  is medically contraindicated or the resident has
29    refused the vaccine. Influenza vaccinations for all residents
30    age 60 and over shall be completed by  November  30  of  each
31    year  or  as  soon as practicable if vaccine supplies are not
32    available  before  November  1.  Residents   admitted   after
 
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 1    November  30,  during  the  flu  season, and until February 1
 2    shall,  as  medically  appropriate,  receive   an   influenza
 3    vaccination  prior  to  or  upon  admission  or  as  soon  as
 4    practicable if vaccine supplies are not available at the time
 5    of   the   admission,   unless   the   vaccine  is  medically
 6    contraindicated or the resident has refused the  vaccine.  In
 7    the   event  that  the  Advisory  Committee  on  Immunization
 8    Practices of the Centers for Disease Control  and  Prevention
 9    determines  that  dates  of  administration  other than those
10    stated in this Act are  optimal  to  protect  the  health  of
11    residents,  the  Department is authorized to develop rules to
12    mandate vaccinations at those times  rather  than  the  times
13    stated  in  this  Act.  A  facility  shall  document  in  the
14    resident's  medical record that an annual vaccination against
15    influenza   was   administered,    refused    or    medically
16    contraindicated.
17        (b)   A   facility   shall   provide   or   arrange   for
18    administration of a pneumococcal vaccination to each resident
19    who   is   age   60   and   over,   in  accordance  with  the
20    recommendations of the  Advisory  Committee  on  Immunization
21    Practices  of the Centers for Disease Control and Prevention,
22    who has not received  this  immunization  prior  to  or  upon
23    admission  to  the  facility, unless the resident refuses the
24    offer  for  vaccination  or  the  vaccination  is   medically
25    contraindicated. A facility shall document in each resident's
26    medical   record  that  a  vaccination  against  pneumococcal
27    pneumonia was offered and administered, refused, or medically
28    contraindicated.
29        (c) A facility shall be held harmless from any action  by
30    a  resident,  family  member,  or  other interested party for
31    administration  of  immunizations,  except  in  the  case  of
32    willful and wanton misconduct  on  behalf  of  the  facility.
33    Pneumonia  shots.   Before a prospective resident's admission
34    to a facility  the  facility  shall  advise  the  prospective
 
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 1    resident  to  consult  a  physician  to determine whether the
 2    prospective resident  should  obtain  a  vaccination  against
 3    pneumococcal pneumonia.
 4    (Source: P.A. 90-366, eff. 8-10-97.)

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.