093_HB3440enr

 
HB3440 Enrolled                      LRB093 05079 LRD 05139 b

 1        AN ACT concerning vaccinations in health facilities.

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

 4        Section 5.  The Life Care Facilities Act  is  amended  by
 5    adding Section 10.1 as follows:

 6        (210 ILCS 40/10.1 new)
 7        Sec. 10.1. Vaccinations.
 8        (a)  A  facility  shall annually administer a vaccination
 9    against influenza to each resident, in  accordance  with  the
10    recommendations  of  the  Advisory  Committee on Immunization
11    Practices of the Centers for Disease Control  and  Prevention
12    that  are  most recent to the time of vaccination, unless the
13    vaccination is medically contraindicated or the resident  has
14    refused the vaccine. Influenza vaccinations for all residents
15    age  65  and  over  shall be completed by November 30 of each
16    year or as soon as practicable if vaccine  supplies  are  not
17    available   before   November  1.  Residents  admitted  after
18    November 30, during the flu  season,  and  until  February  1
19    shall,   as   medically  appropriate,  receive  an  influenza
20    vaccination  prior  to  or  upon  admission  or  as  soon  as
21    practicable if vaccine supplies are not available at the time
22    of  the  admission,   unless   the   vaccine   is   medically
23    contraindicated  or  the resident has refused the vaccine. In
24    the  event  that  the  Advisory  Committee  on   Immunization
25    Practices  of  the Centers for Disease Control and Prevention
26    determines that dates  of  administration  other  than  those
27    stated  in  this  Act  are  optimal  to protect the health of
28    residents, the Department is authorized to develop  rules  to
29    mandate  vaccinations  at  those  times rather than the times
30    stated  in  this  Act.  A  facility  shall  document  in  the
31    resident's medical record that an annual vaccination  against
 
HB3440 Enrolled             -2-      LRB093 05079 LRD 05139 b
 1    influenza    was    administered,    refused   or   medically
 2    contraindicated.
 3        (b)   A   facility   shall   provide   or   arrange   for
 4    administration of a pneumococcal vaccination to each resident
 5    who  is  age  65   and   over,   in   accordance   with   the
 6    recommendations  of  the  Advisory  Committee on Immunization
 7    Practices of the Centers for Disease Control and  Prevention,
 8    who  has  not  received  this  immunization  prior to or upon
 9    admission to the facility, unless the  resident  refuses  the
10    offer   for  vaccination  or  the  vaccination  is  medically
11    contraindicated. A facility shall document in each resident's
12    medical  record  that  a  vaccination  against   pneumococcal
13    pneumonia was offered and administered, refused, or medically
14    contraindicated.

15        Section  10.   The  Nursing  Home  Care Act is amended by
16    changing Section 2-213 as follows:

17        (210 ILCS 45/2-213)
18        Sec. 2-213.  Vaccinations.
19        (a) A facility shall annually  administer  a  vaccination
20    against  influenza  to  each resident, in accordance with the
21    recommendations of the  Advisory  Committee  on  Immunization
22    Practices  of  the Centers for Disease Control and Prevention
23    that are most recent to the time of vaccination,  unless  the
24    vaccination  is medically contraindicated or the resident has
25    refused the vaccine. Influenza vaccinations for all residents
26    age 65 and over shall be completed by  November  30  of  each
27    year  or  as  soon as practicable if vaccine supplies are not
28    available  before  November  1.  Residents   admitted   after
29    November  30,  during  the  flu  season, and until February 1
30    shall,  as  medically  appropriate,  receive   an   influenza
31    vaccination  prior  to  or  upon  admission  or  as  soon  as
32    practicable if vaccine supplies are not available at the time
 
HB3440 Enrolled             -3-      LRB093 05079 LRD 05139 b
 1    of   the   admission,   unless   the   vaccine  is  medically
 2    contraindicated or the resident has refused the  vaccine.  In
 3    the   event  that  the  Advisory  Committee  on  Immunization
 4    Practices of the Centers for Disease Control  and  Prevention
 5    determines  that  dates  of  administration  other than those
 6    stated in this Act are  optimal  to  protect  the  health  of
 7    residents,  the  Department is authorized to develop rules to
 8    mandate vaccinations at those times  rather  than  the  times
 9    stated  in  this  Act.  A  facility  shall  document  in  the
10    resident's  medical record that an annual vaccination against
11    influenza   was   administered,    refused    or    medically
12    contraindicated.
13        (b)   A   facility   shall   provide   or   arrange   for
14    administration of a pneumococcal vaccination to each resident
15    who   is   age   65   and   over,   in  accordance  with  the
16    recommendations of the  Advisory  Committee  on  Immunization
17    Practices  of the Centers for Disease Control and Prevention,
18    who has not received  this  immunization  prior  to  or  upon
19    admission  to  the  facility, unless the resident refuses the
20    offer  for  vaccination  or  the  vaccination  is   medically
21    contraindicated. A facility shall document in each resident's
22    medical   record  that  a  vaccination  against  pneumococcal
23    pneumonia was offered and administered, refused, or medically
24    contraindicated.   Pneumonia  shots.   Before  a  prospective
25    resident's admission to a facility the facility shall  advise
26    the  prospective resident to consult a physician to determine
27    whether the prospective resident should obtain a  vaccination
28    against pneumococcal pneumonia.
29    (Source: P.A. 90-366, eff. 8-10-97.)

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