Sen. Debbie DeFrancesco Halvorson
Filed: 5/3/2004
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1 | AMENDMENT TO HOUSE BILL 750
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2 | AMENDMENT NO. ______. Amend House Bill 750 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 27-8.1 as follows:
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6 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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7 | Sec. 27-8.1. Health examinations and immunizations.
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8 | (1) In compliance with rules and regulations which the | ||||||
9 | Department of Public
Health shall promulgate, and except as | ||||||
10 | hereinafter provided, all children in
Illinois shall have a | ||||||
11 | health examination as follows: within one year prior to
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12 | entering kindergarten or the first grade of any public, | ||||||
13 | private, or parochial
elementary school; upon entering the | ||||||
14 | fifth and ninth grades of any public,
private, or parochial | ||||||
15 | school; prior to entrance into any public, private, or
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16 | parochial nursery school; and, irrespective of grade, | ||||||
17 | immediately prior to or
upon entrance into any public, private, | ||||||
18 | or parochial school or nursery school,
each child shall present | ||||||
19 | proof of having been examined in accordance with this
Section | ||||||
20 | and the rules and regulations promulgated hereunder.
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21 | A tuberculosis skin test screening shall be included as a | ||||||
22 | required part of
each health examination included under this | ||||||
23 | Section if the child resides in an
area designated by the | ||||||
24 | Department of Public Health as having a high incidence
of |
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1 | tuberculosis. Additional health examinations of pupils, | ||||||
2 | including dental
and vision examinations, may be required when | ||||||
3 | deemed necessary by school
authorities. Parents are encouraged | ||||||
4 | to have their children undergo dental
and vision examinations | ||||||
5 | at the same points in time required for health
examinations. | ||||||
6 | (1.5) In compliance with rules adopted by the Department of | ||||||
7 | Public Health and except as otherwise provided in this Section, | ||||||
8 | all children in kindergarten and the second and sixth grades of | ||||||
9 | any public, private, or parochial school shall have a dental | ||||||
10 | examination. Each of these children shall present proof of | ||||||
11 | having been examined by a dentist in accordance with this | ||||||
12 | Section and rules adopted under this Section before May 15th of | ||||||
13 | the school year. If a child in the second or sixth grade fails | ||||||
14 | to present proof by May 15th, the school may hold the child's | ||||||
15 | report card until one of the following occurs: (i) the child | ||||||
16 | presents proof of a completed dental examination or (ii) the | ||||||
17 | child presents proof that a dental examination will take place | ||||||
18 | within 60 days after May 15th. The Department of Public Health | ||||||
19 | shall establish, by rule, a waiver for children who show an | ||||||
20 | undue burden or a total lack of access to a dentist. Each | ||||||
21 | public, private, and parochial school must give notice of this | ||||||
22 | dental examination requirement to the parents and guardians of | ||||||
23 | students at least 60 days before May 15th of each school year.
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24 | (2) The Department of Public Health shall promulgate rules | ||||||
25 | and regulations
specifying the examinations and procedures | ||||||
26 | that constitute a health examination
and a dental examination
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27 | and may recommend by rule that certain additional examinations | ||||||
28 | be performed.
The rules and regulations of the Department of | ||||||
29 | Public Health shall specify that
a tuberculosis skin test | ||||||
30 | screening shall be included as a required part of each
health | ||||||
31 | examination included under this Section if the child resides in | ||||||
32 | an area
designated by the Department of Public Health as having | ||||||
33 | a high incidence of
tuberculosis.
The Department of Public | ||||||
34 | Health shall specify that a diabetes
screening as defined by |
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1 | rule shall be included as a required part of each
health | ||||||
2 | examination.
Diabetes testing is not required.
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3 | Physicians licensed to practice medicine in all of its | ||||||
4 | branches, advanced
practice nurses who have a written | ||||||
5 | collaborative agreement with
a collaborating physician which | ||||||
6 | authorizes them to perform health
examinations, or physician | ||||||
7 | assistants who have been delegated the
performance of health | ||||||
8 | examinations by their supervising physician
shall be
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9 | responsible for the performance of the health examinations, | ||||||
10 | other than dental
examinations and vision and hearing | ||||||
11 | screening, and shall sign all report forms
required by | ||||||
12 | subsection (4) of this Section that pertain to those portions | ||||||
13 | of
the health examination for which the physician, advanced | ||||||
14 | practice nurse, or
physician assistant is responsible.
If a | ||||||
15 | registered
nurse performs any part of a health examination, | ||||||
16 | then a physician licensed to
practice medicine in all of its | ||||||
17 | branches must review and sign all required
report forms. | ||||||
18 | Licensed dentists shall perform all dental examinations and
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19 | shall sign all report forms required by subsection (4) of this | ||||||
20 | Section that
pertain to the dental examinations. Physicians | ||||||
21 | licensed to practice medicine
in all its branches, or licensed | ||||||
22 | optometrists, shall perform all vision exams
required by school | ||||||
23 | authorities and shall sign all report forms required by
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24 | subsection (4) of this Section that pertain to the vision exam. | ||||||
25 | Vision and
hearing screening tests, which shall not be | ||||||
26 | considered examinations as that
term is used in this Section, | ||||||
27 | shall be conducted in accordance with rules and
regulations of | ||||||
28 | the Department of Public Health, and by individuals whom the
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29 | Department of Public Health has certified.
In these rules and | ||||||
30 | regulations, the Department of Public Health shall
require that | ||||||
31 | individuals conducting vision screening tests give a child's
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32 | parent or guardian written notification, before the vision | ||||||
33 | screening is
conducted, that states, "Vision screening is not a | ||||||
34 | substitute for a
complete eye and vision evaluation by an eye |
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1 | doctor. Your child is not
required to undergo this vision | ||||||
2 | screening if an optometrist or
ophthalmologist has completed | ||||||
3 | and signed a report form indicating that
an examination has | ||||||
4 | been administered within the previous 12 months."
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5 | (3) Every child shall, at or about the same time as he or | ||||||
6 | she receives
a health examination required by subsection (1) of | ||||||
7 | this Section, present
to the local school proof of having | ||||||
8 | received such immunizations against
preventable communicable | ||||||
9 | diseases as the Department of Public Health shall
require by | ||||||
10 | rules and regulations promulgated pursuant to this Section and | ||||||
11 | the
Communicable Disease Prevention Act.
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12 | (4) The individuals conducting the health examination or | ||||||
13 | dental examination shall record the
fact of having conducted | ||||||
14 | the examination, and such additional information as
required, | ||||||
15 | on uniform forms which the Department of Public Health and the | ||||||
16 | State
Board of Education shall prescribe for statewide use. The | ||||||
17 | examiner shall
summarize on the report form any condition that | ||||||
18 | he or she suspects indicates a
need for special services. The | ||||||
19 | individuals confirming the administration of
required | ||||||
20 | immunizations shall record as indicated on the form that the
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21 | immunizations were administered.
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22 | (5) If a child does not submit proof of having had either | ||||||
23 | the health
examination or the immunization as required, then | ||||||
24 | the child shall be examined
or receive the immunization, as the | ||||||
25 | case may be, and present proof by October
15 of the current | ||||||
26 | school year, or by an earlier date of the current school year
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27 | established by a school district. To establish a date before | ||||||
28 | October 15 of the
current school year for the health | ||||||
29 | examination or immunization as required, a
school district must | ||||||
30 | give notice of the requirements of this Section 60 days
prior | ||||||
31 | to the earlier established date. If for medical reasons one or | ||||||
32 | more of
the required immunizations must be given after October | ||||||
33 | 15 of the current school
year, or after an earlier established | ||||||
34 | date of the current school year, then
the child shall present, |
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1 | by October 15, or by the earlier established date, a
schedule | ||||||
2 | for the administration of the immunizations and a statement of | ||||||
3 | the
medical reasons causing the delay, both the schedule and | ||||||
4 | the statement being
issued by the physician, advanced practice | ||||||
5 | nurse, physician assistant,
registered nurse, or local health | ||||||
6 | department that will
be responsible for administration of the | ||||||
7 | remaining required immunizations. If
a child does not comply by | ||||||
8 | October 15, or by the earlier established date of
the current | ||||||
9 | school year, with the requirements of this subsection, then the
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10 | local school authority shall exclude that child from school | ||||||
11 | until such time as
the child presents proof of having had the | ||||||
12 | health examination as required and
presents proof of having | ||||||
13 | received those required immunizations which are
medically | ||||||
14 | possible to receive immediately. During a child's exclusion | ||||||
15 | from
school for noncompliance with this subsection, the child's | ||||||
16 | parents or legal
guardian shall be considered in violation of | ||||||
17 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
18 | 26-10. This subsection (5) does not apply to dental | ||||||
19 | examinations.
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20 | (6) Every school shall report to the State Board of | ||||||
21 | Education by November
15, in the manner which that agency shall | ||||||
22 | require, the number of children who
have received the necessary | ||||||
23 | immunizations and the health examination (other than a dental | ||||||
24 | examination) as
required, indicating, of those who have not | ||||||
25 | received the immunizations and
examination as required, the | ||||||
26 | number of children who are exempt from health
examination and | ||||||
27 | immunization requirements on religious or medical grounds as
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28 | provided in subsection (8). Every school shall report to the | ||||||
29 | State Board of Education by June 1, in the manner that the | ||||||
30 | State Board requires, the number of children who have received | ||||||
31 | the required dental examination, indicating, of those who have | ||||||
32 | not received the required dental examination, the number of | ||||||
33 | children who are exempt from the dental examination on | ||||||
34 | religious grounds as provided in subsection (8) of this Section |
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1 | and the number of children who have received a waiver under | ||||||
2 | subsection (1.5) of this Section. This reported information | ||||||
3 | shall be provided to the
Department of Public Health by the | ||||||
4 | State Board of Education.
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5 | (7) Upon determining that the number of pupils who are | ||||||
6 | required to be in
compliance with subsection (5) of this | ||||||
7 | Section is below 90% of the number of
pupils enrolled in the | ||||||
8 | school district, 10% of each State aid payment made
pursuant to | ||||||
9 | Section 18-8.05
18-8 to the school district for such year shall | ||||||
10 | be withheld
by the regional superintendent until the number of | ||||||
11 | students in compliance with
subsection (5) is the applicable | ||||||
12 | specified percentage or higher.
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13 | (8) Parents or legal guardians who object to health
or | ||||||
14 | dental examinations or any part thereof, or to immunizations, | ||||||
15 | on religious grounds
shall not be required to submit their | ||||||
16 | children or wards to the examinations
or immunizations to which | ||||||
17 | they so object if such parents or legal guardians
present to | ||||||
18 | the appropriate local school authority a signed statement of
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19 | objection, detailing the grounds for the objection. If the | ||||||
20 | physical condition
of the child is such that any one or more of | ||||||
21 | the immunizing agents should not
be administered, the examining | ||||||
22 | physician, advanced practice nurse, or
physician assistant | ||||||
23 | responsible for the performance of the
health examination shall | ||||||
24 | endorse that fact upon the health examination form.
Exempting a | ||||||
25 | child from the health or dental examination does not exempt the | ||||||
26 | child from
participation in the program of physical education | ||||||
27 | training provided in
Sections 27-5 through 27-7 of this Code.
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28 | (9) For the purposes of this Section, "nursery schools" | ||||||
29 | means those nursery
schools operated by elementary school | ||||||
30 | systems or secondary level school units
or institutions of | ||||||
31 | higher learning.
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32 | (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | ||||||
33 | 93-530, eff.
1-1-04; revised 9-11-03.)
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1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2005.".
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