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093_SB1081sam001
LRB093 10828 AMC 13596 a
1 AMENDMENT TO SENATE BILL 1081
2 AMENDMENT NO. . Amend Senate Bill 1081 by replacing
3 everything after the enacting clause with the following:
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
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1 required part of each health examination included under this
2 Section if the child resides in an area designated by the
3 Department of Public Health as having a high incidence of
4 tuberculosis. Additional health examinations of pupils,
5 including dental and vision examinations, may be required
6 when deemed necessary by school authorities. Parents are
7 encouraged to have their children undergo dental examinations
8 at the same points in time required for health examinations.
9 (2) The Department of Public Health shall promulgate
10 rules and regulations specifying the examinations and
11 procedures that constitute a health examination and may
12 recommend by rule that certain additional examinations be
13 performed. The rules and regulations of the Department of
14 Public Health shall specify that a tuberculosis skin test
15 screening shall be included as a required part of each health
16 examination included under this Section if the child resides
17 in an area designated by the Department of Public Health as
18 having a high incidence of tuberculosis. The Department of
19 Public Health shall specify that a diabetes screening as
20 defined by rule shall be included as a required part of each
21 health examination. Diabetes testing is not required.
22 Physicians licensed to practice medicine in all of its
23 branches, advanced practice nurses who have a written
24 collaborative agreement with a collaborating physician which
25 authorizes them to perform health examinations, or physician
26 assistants who have been delegated the performance of health
27 examinations by their supervising physician shall be
28 responsible for the performance of the health examinations,
29 other than dental examinations and vision and hearing
30 screening, and shall sign all report forms required by
31 subsection (4) of this Section that pertain to those portions
32 of the health examination for which the physician, advanced
33 practice nurse, or physician assistant is responsible. If a
34 registered nurse performs any part of a health examination,
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1 then a physician licensed to practice medicine in all of its
2 branches must review and sign all required report forms.
3 Licensed dentists shall perform all dental examinations and
4 shall sign all report forms required by subsection (4) of
5 this Section that pertain to the dental examinations.
6 Physicians licensed to practice medicine in all its branches,
7 or licensed optometrists, shall perform all vision exams
8 required by school authorities and shall sign all report
9 forms required by subsection (4) of this Section that pertain
10 to the vision exam. Vision and hearing screening tests,
11 which shall not be considered examinations as that term is
12 used in this Section, shall be conducted in accordance with
13 rules and regulations of the Department of Public Health, and
14 by individuals whom the Department of Public Health has
15 certified.
16 (3) Every child shall, at or about the same time as he
17 or she receives a health examination required by subsection
18 (1) of this Section, present to the local school proof of
19 having received such immunizations against preventable
20 communicable diseases as the Department of Public Health
21 shall require by rules and regulations promulgated pursuant
22 to this Section and the Communicable Disease Prevention Act.
23 (4) The individuals conducting the health examination
24 shall record the fact of having conducted the examination,
25 and such additional information as required, on uniform forms
26 which the Department of Public Health and the State Board of
27 Education shall prescribe for statewide use. The examiner
28 shall summarize on the report form any condition that he or
29 she suspects indicates a need for special services. The
30 individuals confirming the administration of required
31 immunizations shall record as indicated on the form that the
32 immunizations were administered.
33 (5) If a child does not submit proof of having had
34 either the health examination or the immunization as
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1 required, then the child shall be examined or receive the
2 immunization, as the case may be, and present proof by
3 October 15 of the current school year, or by an earlier date
4 of the current school year established by a school district.
5 To establish a date before October 15 of the current school
6 year for the health examination or immunization as required,
7 a school district must give notice of the requirements of
8 this Section 60 days prior to the earlier established date.
9 If for medical reasons one or more of the required
10 immunizations must be given after October 15 of the current
11 school year, or after an earlier established date of the
12 current school year, then the child shall present, by October
13 15, or by the earlier established date, a schedule for the
14 administration of the immunizations and a statement of the
15 medical reasons causing the delay, both the schedule and the
16 statement being issued by the physician, advanced practice
17 nurse, physician assistant, registered nurse, or local health
18 department that will be responsible for administration of the
19 remaining required immunizations. If a child does not comply
20 by October 15, or by the earlier established date of the
21 current school year, with the requirements of this
22 subsection, then the local school authority shall exclude
23 that child from school until such time as the child presents
24 proof of having had the health examination as required and
25 presents proof of having received those required
26 immunizations which are medically possible to receive
27 immediately. During a child's exclusion from school for
28 noncompliance with this subsection, the child's parents or
29 legal guardian shall be considered in violation of Section
30 26-1 and subject to any penalty imposed by Section 26-10.
31 (6) Every school shall report to the State Board of
32 Education by November 15, in the manner which that agency
33 shall require, the number of children who have received the
34 necessary immunizations and the health examination as
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1 required, indicating, of those who have not received the
2 immunizations and examination as required, the number of
3 children who are exempt from health examination and
4 immunization requirements on religious or medical grounds as
5 provided in subsection (8). This reported information shall
6 be provided to the Department of Public Health by the State
7 Board of Education.
8 (7) Upon determining that the number of pupils who are
9 required to be in compliance with subsection (5) of this
10 Section is below 90% of the number of pupils enrolled in the
11 school district, 10% of each State aid payment made pursuant
12 to Section 18-8 to the school district for such year shall be
13 withheld by the regional superintendent until the number of
14 students in compliance with subsection (5) is the applicable
15 specified percentage or higher.
16 (8) Parents or legal guardians who object to health
17 examinations or any part thereof, or to immunizations, on
18 religious grounds shall not be required to submit their
19 children or wards to the examinations or immunizations to
20 which they so object if such parents or legal guardians
21 present to the appropriate local school authority a signed
22 statement of objection, detailing the grounds for the
23 objection. If the physical condition of the child is such
24 that any one or more of the immunizing agents should not be
25 administered, the examining physician, advanced practice
26 nurse, or physician assistant responsible for the performance
27 of the health examination shall endorse that fact upon the
28 health examination form. Exempting a child from the health
29 examination does not exempt the child from participation in
30 the program of physical education training provided in
31 Sections 27-5 through 27-7 of this Code.
32 (9) For the purposes of this Section, "nursery schools"
33 means those nursery schools operated by elementary school
34 systems or secondary level school units or institutions of
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1 higher learning.
2 (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)
3 Section 99. Effective date. This Act takes effect on
4 January 1, 2004.".
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