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
 
                            -4-      LRB093 10828 AMC 13596 a
 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
 
                            -6-      LRB093 10828 AMC 13596 a
 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.".