093_SB1081

 
                                     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 17-8.1 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        A diabetes screening shall be included as a required part
 
                            -2-      LRB093 10828 AMC 11283 b
 1    of each health examination included under this Section if the
 2    child  is  an  at-risk  child.   For  the  purposes  of  this
 3    paragraph,  "at-risk child" means a child who is Hispanic, of
 4    African descent, or obese, has a high blood sugar content, or
 5    has a family history of diabetes.
 6        (2)  The Department of  Public  Health  shall  promulgate
 7    rules   and   regulations  specifying  the  examinations  and
 8    procedures that  constitute  a  health  examination  and  may
 9    recommend  by  rule  that  certain additional examinations be
10    performed. The rules and regulations  of  the  Department  of
11    Public  Health  shall  specify  that a tuberculosis skin test
12    screening shall be included as a required part of each health
13    examination included under this Section if the child  resides
14    in  an  area designated by the Department of Public Health as
15    having a high incidence of tuberculosis.
16        Physicians licensed to practice medicine in  all  of  its
17    branches,   advanced  practice  nurses  who  have  a  written
18    collaborative agreement with a collaborating physician  which
19    authorizes  them to perform health examinations, or physician
20    assistants who have been delegated the performance of  health
21    examinations   by   their   supervising  physician  shall  be
22    responsible for the performance of the  health  examinations,
23    other   than  dental  examinations  and  vision  and  hearing
24    screening, and  shall  sign  all  report  forms  required  by
25    subsection (4) of this Section that pertain to those portions
26    of  the  health examination for which the physician, advanced
27    practice nurse, or physician assistant is responsible.  If  a
28    registered  nurse  performs any part of a health examination,
29    then a physician licensed to practice medicine in all of  its
30    branches  must  review  and  sign  all required report forms.
31    Licensed dentists shall perform all dental  examinations  and
32    shall  sign  all  report  forms required by subsection (4) of
33    this  Section  that  pertain  to  the  dental   examinations.
34    Physicians licensed to practice medicine in all its branches,
 
                            -3-      LRB093 10828 AMC 11283 b
 1    or  licensed  optometrists,  shall  perform  all vision exams
 2    required by school authorities  and  shall  sign  all  report
 3    forms required by subsection (4) of this Section that pertain
 4    to  the  vision  exam.   Vision  and hearing screening tests,
 5    which shall not be considered examinations as  that  term  is
 6    used  in  this Section, shall be conducted in accordance with
 7    rules and regulations of the Department of Public Health, and
 8    by individuals whom  the  Department  of  Public  Health  has
 9    certified.
10        (3)  Every  child  shall, at or about the same time as he
11    or she receives a health examination required  by  subsection
12    (1)  of  this  Section,  present to the local school proof of
13    having  received  such  immunizations   against   preventable
14    communicable  diseases  as  the  Department  of Public Health
15    shall require by rules and regulations  promulgated  pursuant
16    to this Section and the Communicable Disease Prevention Act.
17        (4)  The  individuals  conducting  the health examination
18    shall record the fact of having  conducted  the  examination,
19    and such additional information as required, on uniform forms
20    which  the Department of Public Health and the State Board of
21    Education shall prescribe for statewide  use.   The  examiner
22    shall  summarize  on the report form any condition that he or
23    she suspects indicates a  need  for  special  services.   The
24    individuals   confirming   the   administration  of  required
25    immunizations shall record as indicated on the form that  the
26    immunizations were administered.
27        (5)  If  a  child  does  not  submit  proof of having had
28    either  the  health  examination  or  the   immunization   as
29    required,  then  the  child  shall be examined or receive the
30    immunization, as the  case  may  be,  and  present  proof  by
31    October  15 of the current school year, or by an earlier date
32    of the current school year established by a school  district.
33    To  establish  a date before October 15 of the current school
34    year for the health examination or immunization as  required,
 
                            -4-      LRB093 10828 AMC 11283 b
 1    a  school  district  must  give notice of the requirements of
 2    this Section 60 days prior to the earlier  established  date.
 3    If   for   medical  reasons  one  or  more  of  the  required
 4    immunizations must be given after October 15 of  the  current
 5    school  year,  or  after  an  earlier established date of the
 6    current school year, then the child shall present, by October
 7    15, or by the earlier established date, a  schedule  for  the
 8    administration  of  the  immunizations and a statement of the
 9    medical reasons causing the delay, both the schedule and  the
10    statement  being  issued  by the physician, advanced practice
11    nurse, physician assistant, registered nurse, or local health
12    department that will be responsible for administration of the
13    remaining required immunizations.  If a child does not comply
14    by October 15, or by the  earlier  established  date  of  the
15    current   school   year,   with   the  requirements  of  this
16    subsection, then the local  school  authority  shall  exclude
17    that  child from school until such time as the child presents
18    proof of having had the health examination  as  required  and
19    presents    proof   of   having   received   those   required
20    immunizations  which  are  medically  possible   to   receive
21    immediately.   During  a  child's  exclusion  from school for
22    noncompliance with this subsection, the  child's  parents  or
23    legal  guardian  shall  be considered in violation of Section
24    26-1 and subject to any penalty imposed by Section 26-10.
25        (6)  Every school shall report  to  the  State  Board  of
26    Education  by  November  15,  in the manner which that agency
27    shall require, the number of children who have  received  the
28    necessary   immunizations   and  the  health  examination  as
29    required, indicating, of those  who  have  not  received  the
30    immunizations  and  examination  as  required,  the number of
31    children  who  are  exempt  from   health   examination   and
32    immunization  requirements on religious or medical grounds as
33    provided in subsection (8).  This reported information  shall
34    be  provided  to the Department of Public Health by the State
 
                            -5-      LRB093 10828 AMC 11283 b
 1    Board of Education.
 2        (7)  Upon determining that the number of pupils  who  are
 3    required  to  be  in  compliance  with subsection (5) of this
 4    Section is below 90% of the number of pupils enrolled in  the
 5    school  district, 10% of each State aid payment made pursuant
 6    to Section 18-8 to the school district for such year shall be
 7    withheld by the regional superintendent until the  number  of
 8    students  in compliance with subsection (5) is the applicable
 9    specified percentage or higher.
10        (8)  Parents or legal  guardians  who  object  to  health
11    examinations  or  any  part  thereof, or to immunizations, on
12    religious grounds shall  not  be  required  to  submit  their
13    children  or  wards  to  the examinations or immunizations to
14    which they so object  if  such  parents  or  legal  guardians
15    present  to  the  appropriate local school authority a signed
16    statement  of  objection,  detailing  the  grounds  for   the
17    objection.   If  the  physical condition of the child is such
18    that any one or more of the immunizing agents should  not  be
19    administered,  the  examining  physician,  advanced  practice
20    nurse, or physician assistant responsible for the performance
21    of  the  health  examination shall endorse that fact upon the
22    health examination form. Exempting a child  from  the  health
23    examination  does  not exempt the child from participation in
24    the  program  of  physical  education  training  provided  in
25    Sections 27-5 through 27-7 of this Code.
26        (9)  For the purposes of this Section, "nursery  schools"
27    means  those  nursery  schools  operated by elementary school
28    systems or secondary level school units  or  institutions  of
29    higher learning.
30    (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)

31        Section  99.  Effective  date.   This Act takes effect on
32    January 1, 2004.