98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1610

 

Introduced 2/13/2013, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-650

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Deletes language that provides that the Department of Public Health may require any facility licensed by the Department to implement an influenza vaccination program that ensures that the employees of the facility are offered the opportunity to be vaccinated against seasonal influenza and any other novel or pandemic influenza viruses as vaccines become available. Provides instead that the Department shall require any facility licensed by the Department to implement an influenza vaccination program that requires onsite health care workers affiliated with the facility and persons with privileges on the medical staff to either annually receive an influenza vaccination or, as an alternative to the annual influenza vaccination, wear a facility-provided surgical or procedural mask or other mask that covers the mouth and nose area of the face while this person is performing his or her duties in any patient care area of the facility during the influenza season, as defined by the Department. Sets forth provisions concerning vaccination records, business contracts, and facility implementation policies.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-650 as follows:
 
7    (20 ILCS 2310/2310-650)
8    Sec. 2310-650. Influenza vaccination program. The
9Department of Public Health shall may require any facility
10licensed by the Department to implement an influenza
11vaccination program that requires onsite health care workers
12affiliated with the facility and persons with privileges on the
13medical staff to either annually receive an influenza
14vaccination or, as an alternative to the annual influenza
15vaccination, wear a facility-provided surgical or procedural
16mask or other mask that covers the mouth and nose area of the
17face while this person is performing his or her duties in any
18patient care area of the facility during the influenza season,
19as defined by the Department.
20    In meeting the requirements of this Section, the facility
21shall maintain influenza vaccination records of employees and
22may maintain influenza vaccination records of the other onsite
23health care workers affiliated with, but not an employee of,

 

 

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1the facility and of persons with privileges on the medical
2staff. If the facility does not have records of an onsite
3health care worker or person with privileges on the medical
4staff being vaccinated onsite, the facility may require the
5worker or medical staff person to either provide documentation
6of vaccination or documentation that he or she refused the
7vaccination.
8    The facility may include language in its business contracts
9to require a contract worker to maintain records of the
10verification of offsite vaccination or documentation that he or
11she refused the vaccination, which shall be made available to
12the facility upon request. Nothing in this Section shall be
13construed to require a facility to maintain separate
14vaccination records or to provide vaccinations at no cost to a
15contract worker who is not an employee of the clinic.
16    Each facility licensed by the Department shall develop
17policies to implement this Section and to ensure its onsite
18health care workers affiliated with the facility are in
19compliance with the vaccination requirements imposed by this
20Section. The medical staff shall also develop policies to
21ensure that persons who have privileges on the medical staff
22are in compliance with the vaccination requirements of this
23Section that have been implemented by the facility.
24    For the purposes of this Section, "onsite health care
25worker affiliated with the facility" means a person who is
26either a volunteer or is employed by, paid by, or receives

 

 

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1credit or any other form of compensation from the health
2facility, who performs some or all of his or her duties in a
3patient care area of the facility. The patient care area of the
4facility shall be determined by the facility's administrative
5body and is where onsite health care workers and medical staff
6are within close proximity to patients receiving care. "Onsite
7health care worker affiliated with the facility" includes, but
8is not limited to, employees, physicians, nurses, nursing
9assistants, therapists, technicians, emergency medical service
10personnel, dental personnel, pharmacists, laboratory
11personnel, autopsy personnel, students and trainees,
12contractual staff, and registry staff who perform direct
13patient care duties but are not employed by the facility.
14ensures that the employees of the facility are offered the
15opportunity to be vaccinated against seasonal influenza and any
16other novel or pandemic influenza viruses as vaccines become
17available.
18    The Department may adopt rules setting forth the
19requirements of the influenza vaccination program.
20(Source: P.A. 96-823, eff. 11-25-09.)