Public Act 096-1259
 
SB2601 EnrolledLRB096 17754 KTG 33120 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. 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 or arrange for
administration of 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, arranged, refused or medically contraindicated.
    (b) A facility shall administer 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, arranged, refused, or medically contraindicated.
    (c) All persons seeking admission to a nursing facility
shall be verbally screened for risk factors associated with
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
(HIV) according to guidelines established by the U.S. Centers
for Disease Control and Prevention. Persons who are identified
as being at high risk for hepatitis B, hepatitis C, or HIV
shall be offered an opportunity to undergo laboratory testing
in order to determine infection status if they will be admitted
to the nursing facility for at least 7 days and are not known
to be infected with any of the listed viruses. All HIV testing
shall be conducted in compliance with the AIDS Confidentiality
Act. All persons determined to be susceptible to the hepatitis
B virus shall be offered immunization within 10 days of
admission to any nursing facility. A facility shall document in
the resident's medical record that he or she was verbally
screened for risk factors associated with hepatitis B,
hepatitis C, and HIV, and whether or not the resident was
immunized against hepatitis B. Nothing in this subsection (c)
shall apply to a nursing facility licensed or regulated by the
Illinois Department of Veterans' Affairs.
(Source: P.A. 93-384, eff. 7-25-03; 94-429, eff. 8-2-05.)
 
    Section 99. Effective date. This Act takes effect January
1, 2011.