96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1736


 
Introduced 2/19/2009, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		













110 ILCS 330/8 new






210 ILCS 85/6.25 new






30 ILCS 805/8.33 new










    Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires a hospital to adopt an influenza and pneumococcal immunization policy that contains certain features. Requires a hospital to file a copy of the policy with the Department of Public Health. Restricts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
















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FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB1736

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    AN ACT concerning regulation.

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


 
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    Section 5. The University of Illinois Hospital Act is 
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amended  by adding Section 8 as follows:
 
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    (110 ILCS 330/8  new)
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    Sec. 8. Immunization against influenza virus and 
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pneumococcal disease. The University of Illinois Hospital 
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shall adopt an influenza and pneumococcal
immunization policy 
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that includes, but need not be limited to, the
following:
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        (1) Procedures for identifying patients age 65 or older

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    and, at the discretion of the facility, other patients at 
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    risk.
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        (2) Procedures for offering immunization against 
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    influenza virus
between September 1 and April 1, and 
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    against pneumococcal disease upon
admission or discharge, 
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    to patients age 65 or older.
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        (3) Procedures
for ensuring that patients offered 
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    immunization, or their guardians,
receive information 
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    regarding the risks and benefits of vaccination.
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        (4) A
standing order policy approved by the medical 
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    director or other
appropriate physician that includes, but 
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    need not be limited to, an
assessment for 
 


 






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    contra-indications.
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        (5) A system for documenting vaccine
administration, 
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    medical contra-indications, patient refusals, and any

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    post-vaccination adverse events.
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    The hospital shall file a copy of its influenza and 
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pneumococcal immunization policy with the Illinois Department 
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of Public Health.
 
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    Section 10. The Hospital Licensing Act is amended  by adding 
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Section 6.25 as follows:
 
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    (210 ILCS 85/6.25  new)
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    Sec. 6.25. Immunization against influenza virus and 
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pneumococcal disease.
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    (a) Every hospital shall adopt an influenza and 
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pneumococcal
immunization policy that includes, but need not be 
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limited to, the
following:
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        (1) Procedures for identifying patients age 65 or older

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    and, at the discretion of the facility, other patients at 
18
    risk.
19
        (2) Procedures for offering immunization against 
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    influenza virus
between September 1 and April 1, and 
21
    against pneumococcal disease upon
admission or discharge, 
22
    to patients age 65 or older.
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        (3) Procedures
for ensuring that patients offered 
24
    immunization, or their guardians,
receive information 
 


 






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    regarding the risks and benefits of vaccination.
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        (4) A
standing order policy approved by the medical 
3
    director or other
appropriate physician that includes, but 
4
    need not be limited to, an
assessment for 
5
    contra-indications.
6
        (5) A system for documenting vaccine
administration, 
7
    medical contra-indications, patient refusals, and any

8
    post-vaccination adverse events.
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    The hospital shall file a copy of its influenza and 
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pneumococcal immunization policy with the Department.
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    (b) A home rule unit may not regulate immunization against 
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influenza virus and pneumococcal disease in a manner 
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inconsistent with the regulation of such immunizations under 
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this Section. This subsection is a limitation under subsection 
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(i) of Section 6 of Article VII of the Illinois Constitution on 
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the concurrent exercise by home rule units of powers and 
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functions exercised by the State.
 
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    Section 90. The State Mandates Act is amended by adding 
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Section 8.33 as follows:
 
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    (30 ILCS 805/8.33 new)
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    Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
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of this Act, no reimbursement by the State is required for the 
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implementation of any mandate created by this amendatory Act of 
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the 96th General Assembly.
 

 


 






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