Public Act 93-0384
HB3440 Enrolled LRB093 05079 LRD 05139 b
AN ACT concerning vaccinations in health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Life Care Facilities Act is amended by
adding Section 10.1 as follows:
(210 ILCS 40/10.1 new)
Sec. 10.1. Vaccinations.
(a) A facility shall annually administer a vaccination
against influenza to each resident, in accordance with the
recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention
that are most recent to the time of vaccination, unless the
vaccination is medically contraindicated or the resident has
refused the vaccine. Influenza vaccinations for all residents
age 65 and over shall be completed by November 30 of each
year or as soon as practicable if vaccine supplies are not
available before November 1. Residents admitted after
November 30, during the flu season, and until February 1
shall, as medically appropriate, receive an influenza
vaccination prior to or upon admission or as soon as
practicable if vaccine supplies are not available at the time
of the admission, unless the vaccine is medically
contraindicated or the resident has refused the vaccine. In
the event that the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention
determines that dates of administration other than those
stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the
resident's medical record that an annual vaccination against
influenza was administered, refused or medically
contraindicated.
(b) A facility shall provide or arrange for
administration of a pneumococcal vaccination to each resident
who is age 65 and over, in accordance with the
recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention,
who has not received this immunization prior to or upon
admission to the facility, unless the resident refuses the
offer for vaccination or the vaccination is medically
contraindicated. A facility shall document in each resident's
medical record that a vaccination against pneumococcal
pneumonia was offered and administered, refused, or medically
contraindicated.
Section 10. The Nursing Home Care Act is amended by
changing Section 2-213 as follows:
(210 ILCS 45/2-213)
Sec. 2-213. Vaccinations.
(a) A facility shall annually administer a vaccination
against influenza to each resident, in accordance with the
recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention
that are most recent to the time of vaccination, unless the
vaccination is medically contraindicated or the resident has
refused the vaccine. Influenza vaccinations for all residents
age 65 and over shall be completed by November 30 of each
year or as soon as practicable if vaccine supplies are not
available before November 1. Residents admitted after
November 30, during the flu season, and until February 1
shall, as medically appropriate, receive an influenza
vaccination prior to or upon admission or as soon as
practicable if vaccine supplies are not available at the time
of the admission, unless the vaccine is medically
contraindicated or the resident has refused the vaccine. In
the event that the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention
determines that dates of administration other than those
stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the
resident's medical record that an annual vaccination against
influenza was administered, refused or medically
contraindicated.
(b) A facility shall provide or arrange for
administration of a pneumococcal vaccination to each resident
who is age 65 and over, in accordance with the
recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention,
who has not received this immunization prior to or upon
admission to the facility, unless the resident refuses the
offer for vaccination or the vaccination is medically
contraindicated. A facility shall document in each resident's
medical record that a vaccination against pneumococcal
pneumonia was offered and administered, refused, or medically
contraindicated. Pneumonia shots. Before a prospective
resident's admission to a facility the facility shall advise
the prospective resident to consult a physician to determine
whether the prospective resident should obtain a vaccination
against pneumococcal pneumonia.
(Source: P.A. 90-366, eff. 8-10-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.