Public Act 098-0271
 
HB3191 EnrolledLRB098 10380 DRJ 41466 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The University of Illinois Hospital Act is 
amended by changing Section 8 as follows:
 
    (110 ILCS 330/8)
    Sec. 8. Immunization against influenza virus and 
pneumococcal disease. The University of Illinois Hospital 
shall adopt an influenza and pneumococcal
immunization policy 
that includes, but need not be limited to, the
following:
        (1) Procedures for identifying patients age 65 or older

    and, at the discretion of the facility, other patients at 
    risk.
        (2) Procedures for offering immunization against 
    influenza virus when available
between September 1 and 
    April 1, and against pneumococcal disease upon
admission or 
    discharge, to patients 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 age 65 or 
    older, unless contraindicated.
        (3) Procedures
for ensuring that patients offered 
    immunization, or their guardians,
receive information 
    regarding the risks and benefits of vaccination.
    The hospital shall provide a copy of its influenza and 
pneumococcal immunization policy to the Illinois Department of 
Public Health upon request.

(Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
    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 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. 
    (d) A skilled nursing facility shall designate a person or 
persons as Infection Prevention and Control Professionals to 
develop and implement policies governing control of infections 
and communicable diseases. The Infection Prevention and 
Control Professionals shall be qualified through education, 
training, experience, or certification or a combination of such 
qualifications. The Infection Prevention and Control 
Professional's qualifications shall be documented and shall be 
made available for inspection by the Department. 
(Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)

 
    Section 15. The ID/DD Community Care Act is amended  by 
changing Section 2-213 as follows:
 
    (210 ILCS 47/2-213)

    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.


(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 20. The Specialized Mental Health Rehabilitation 
Act is amended  by changing Section 2-213 as follows:
 
    (210 ILCS 48/2-213)

    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. 97-38, eff. 6-28-11.)
 
    Section 25. The Hospital Licensing Act is amended  by 
changing Section 6.26 as follows:
 
    (210 ILCS 85/6.26)
    Sec. 6.26. Immunization against influenza virus and 
pneumococcal disease.
    (a) Every hospital shall adopt an influenza and 
pneumococcal
immunization policy that includes, but need not be 
limited to, the
following:
        (1) Procedures for identifying patients age 65 or older

    and, at the discretion of the facility, other patients at 
    risk.
        (2) Procedures for offering immunization against 
    influenza virus when available
between September 1 and 
    April 1, and against pneumococcal disease upon
admission or 
    discharge, to patients 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 age 65 or 
    older, unless contraindicated.
        (3) Procedures
for ensuring that patients offered 
    immunization, or their guardians,
receive information 
    regarding the risks and benefits of vaccination.
    The hospital shall provide a copy of its influenza and 
pneumococcal immunization policy to the Department upon 
request.
    (b) A home rule unit may not regulate immunization against 
influenza virus and pneumococcal disease in a manner 
inconsistent with the regulation of such immunizations under 
this Section. This subsection is a limitation under subsection 
(i) of Section 6 of Article VII of the Illinois Constitution on 
the concurrent exercise by home rule units of powers and 
functions exercised by the State.

(Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)