093_SB1081enr

 
SB1081 Enrolled                      LRB093 10828 AMC 11283 b

 1        AN ACT concerning schools.

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

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 27-8.1 as follows:

 6        (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
 7        Sec. 27-8.1.  Health examinations and immunizations.
 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
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
16    parochial   nursery   school;  and,  irrespective  of  grade,
17    immediately prior  to  or  upon  entrance  into  any  public,
18    private,  or  parochial  school or nursery school, each child
19    shall present proof of having  been  examined  in  accordance
20    with  this  Section and the rules and regulations promulgated
21    hereunder.
22        A tuberculosis skin test screening shall be included as a
23    required part of each health examination included under  this
24    Section  if  the  child  resides in an area designated by the
25    Department of Public Health as having  a  high  incidence  of
26    tuberculosis.   Additional  health  examinations  of  pupils,
27    including  dental  and  vision  examinations, may be required
28    when deemed necessary by  school  authorities.   Parents  are
29    encouraged to have their children undergo dental examinations
30    at the same points in time required for health examinations.
31        (2)  The  Department  of  Public  Health shall promulgate
 
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 1    rules  and  regulations  specifying  the   examinations   and
 2    procedures  that  constitute  a  health  examination  and may
 3    recommend by rule that  certain  additional  examinations  be
 4    performed.  The  rules  and  regulations of the Department of
 5    Public Health shall specify that  a  tuberculosis  skin  test
 6    screening shall be included as a required part of each health
 7    examination  included under this Section if the child resides
 8    in an area designated by the Department of Public  Health  as
 9    having  a  high incidence of tuberculosis.  The Department of
10    Public Health shall specify  that  a  diabetes  screening  as
11    defined  by rule shall be included as a required part of each
12    health examination.  Diabetes testing is not required.
13        Physicians licensed to practice medicine in  all  of  its
14    branches,   advanced  practice  nurses  who  have  a  written
15    collaborative agreement with a collaborating physician  which
16    authorizes  them to perform health examinations, or physician
17    assistants who have been delegated the performance of  health
18    examinations   by   their   supervising  physician  shall  be
19    responsible for the performance of the  health  examinations,
20    other   than  dental  examinations  and  vision  and  hearing
21    screening, and  shall  sign  all  report  forms  required  by
22    subsection (4) of this Section that pertain to those portions
23    of  the  health examination for which the physician, advanced
24    practice nurse, or physician assistant is responsible.  If  a
25    registered  nurse  performs any part of a health examination,
26    then a physician licensed to practice medicine in all of  its
27    branches  must  review  and  sign  all required report forms.
28    Licensed dentists shall perform all dental  examinations  and
29    shall  sign  all  report  forms required by subsection (4) of
30    this  Section  that  pertain  to  the  dental   examinations.
31    Physicians licensed to practice medicine in all its branches,
32    or  licensed  optometrists,  shall  perform  all vision exams
33    required by school authorities  and  shall  sign  all  report
34    forms required by subsection (4) of this Section that pertain
 
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 1    to  the  vision  exam.   Vision  and hearing screening tests,
 2    which shall not be considered examinations as  that  term  is
 3    used  in  this Section, shall be conducted in accordance with
 4    rules and regulations of the Department of Public Health, and
 5    by individuals whom  the  Department  of  Public  Health  has
 6    certified.
 7        (3)  Every  child  shall, at or about the same time as he
 8    or she receives a health examination required  by  subsection
 9    (1)  of  this  Section,  present to the local school proof of
10    having  received  such  immunizations   against   preventable
11    communicable  diseases  as  the  Department  of Public Health
12    shall require by rules and regulations  promulgated  pursuant
13    to this Section and the Communicable Disease Prevention Act.
14        (4)  The  individuals  conducting  the health examination
15    shall record the fact of having  conducted  the  examination,
16    and such additional information as required, on uniform forms
17    which  the Department of Public Health and the State Board of
18    Education shall prescribe for statewide  use.   The  examiner
19    shall  summarize  on the report form any condition that he or
20    she suspects indicates a  need  for  special  services.   The
21    individuals   confirming   the   administration  of  required
22    immunizations shall record as indicated on the form that  the
23    immunizations were administered.
24        (5)  If  a  child  does  not  submit  proof of having had
25    either  the  health  examination  or  the   immunization   as
26    required,  then  the  child  shall be examined or receive the
27    immunization, as the  case  may  be,  and  present  proof  by
28    October  15 of the current school year, or by an earlier date
29    of the current school year established by a school  district.
30    To  establish  a date before October 15 of the current school
31    year for the health examination or immunization as  required,
32    a  school  district  must  give notice of the requirements of
33    this Section 60 days prior to the earlier  established  date.
34    If   for   medical  reasons  one  or  more  of  the  required
 
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 1    immunizations must be given after October 15 of  the  current
 2    school  year,  or  after  an  earlier established date of the
 3    current school year, then the child shall present, by October
 4    15, or by the earlier established date, a  schedule  for  the
 5    administration  of  the  immunizations and a statement of the
 6    medical reasons causing the delay, both the schedule and  the
 7    statement  being  issued  by the physician, advanced practice
 8    nurse, physician assistant, registered nurse, or local health
 9    department that will be responsible for administration of the
10    remaining required immunizations.  If a child does not comply
11    by October 15, or by the  earlier  established  date  of  the
12    current   school   year,   with   the  requirements  of  this
13    subsection, then the local  school  authority  shall  exclude
14    that  child from school until such time as the child presents
15    proof of having had the health examination  as  required  and
16    presents    proof   of   having   received   those   required
17    immunizations  which  are  medically  possible   to   receive
18    immediately.   During  a  child's  exclusion  from school for
19    noncompliance with this subsection, the  child's  parents  or
20    legal  guardian  shall  be considered in violation of Section
21    26-1 and subject to any penalty imposed by Section 26-10.
22        (6)  Every school shall report  to  the  State  Board  of
23    Education  by  November  15,  in the manner which that agency
24    shall require, the number of children who have  received  the
25    necessary   immunizations   and  the  health  examination  as
26    required, indicating, of those  who  have  not  received  the
27    immunizations  and  examination  as  required,  the number of
28    children  who  are  exempt  from   health   examination   and
29    immunization  requirements on religious or medical grounds as
30    provided in subsection (8).  This reported information  shall
31    be  provided  to the Department of Public Health by the State
32    Board of Education.
33        (7)  Upon determining that the number of pupils  who  are
34    required  to  be  in  compliance  with subsection (5) of this
 
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 1    Section is below 90% of the number of pupils enrolled in  the
 2    school  district, 10% of each State aid payment made pursuant
 3    to Section 18-8 to the school district for such year shall be
 4    withheld by the regional superintendent until the  number  of
 5    students  in compliance with subsection (5) is the applicable
 6    specified percentage or higher.
 7        (8)  Parents or legal  guardians  who  object  to  health
 8    examinations  or  any  part  thereof, or to immunizations, on
 9    religious grounds shall  not  be  required  to  submit  their
10    children  or  wards  to  the examinations or immunizations to
11    which they so object  if  such  parents  or  legal  guardians
12    present  to  the  appropriate local school authority a signed
13    statement  of  objection,  detailing  the  grounds  for   the
14    objection.   If  the  physical condition of the child is such
15    that any one or more of the immunizing agents should  not  be
16    administered,  the  examining  physician,  advanced  practice
17    nurse, or physician assistant responsible for the performance
18    of  the  health  examination shall endorse that fact upon the
19    health examination form. Exempting a child  from  the  health
20    examination  does  not exempt the child from participation in
21    the  program  of  physical  education  training  provided  in
22    Sections 27-5 through 27-7 of this Code.
23        (9)  For the purposes of this Section, "nursery  schools"
24    means  those  nursery  schools  operated by elementary school
25    systems or secondary level school units  or  institutions  of
26    higher learning.
27    (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)

28        Section  99.  Effective  date.   This Act takes effect on
29    January 1, 2004.