Full Text of HB3190 98th General Assembly
HB3190 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3190 Introduced , by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 | 410 ILCS 315/1.10 new | |
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Amends the School Code and the Communicable Disease Prevention Act. Provides that, beginning July 1, 2014, upon entering the 7th and 12th grade of any public, private, or parochial school, a student shall present to the school proof of having received an immunization containing meningococcal conjugate vaccine. Requires the Department of Public Health to adopt a rule requiring students, upon entering the 7th and 12th grade of any public, private, or parochial school, to receive an immunization containing meningococcal conjugate vaccine beginning July 1, 2014.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 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 Section | 5 | | 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 | | sixth 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, private, | 18 | | or parochial school or nursery school,
each child shall present | 19 | | proof of having been examined in accordance with this
Section | 20 | | and the rules and regulations promulgated hereunder. Any child | 21 | | who received a health examination within one year prior to | 22 | | entering the fifth grade for the 2007-2008 school year is not | 23 | | required to receive an additional health examination in order |
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| 1 | | to comply with the provisions of Public Act 95-422 when he or | 2 | | she attends school for the 2008-2009 school year, unless the | 3 | | child is attending school for the first time as provided in | 4 | | this paragraph. | 5 | | A tuberculosis skin test screening shall be included as a | 6 | | required part of
each health examination included under this | 7 | | Section if the child resides in an
area designated by the | 8 | | Department of Public Health as having a high incidence
of | 9 | | tuberculosis. Additional health examinations of pupils, | 10 | | including eye examinations, may be required when deemed | 11 | | necessary by school
authorities. Parents are encouraged to have | 12 | | their children undergo eye examinations at the same points in | 13 | | time required for health
examinations. | 14 | | (1.5) In compliance with rules adopted by the Department of | 15 | | Public Health and except as otherwise provided in this Section, | 16 | | all children in kindergarten and the second and sixth grades of | 17 | | any public, private, or parochial school shall have a dental | 18 | | examination. Each of these children shall present proof of | 19 | | having been examined by a dentist in accordance with this | 20 | | Section and rules adopted under this Section before May 15th of | 21 | | the school year. If a child in the second or sixth grade fails | 22 | | to present proof by May 15th, the school may hold the child's | 23 | | report card until one of the following occurs: (i) the child | 24 | | presents proof of a completed dental examination or (ii) the | 25 | | child presents proof that a dental examination will take place | 26 | | within 60 days after May 15th. The Department of Public Health |
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| 1 | | shall establish, by rule, a waiver for children who show an | 2 | | undue burden or a lack of access to a dentist. Each public, | 3 | | private, and parochial school must give notice of this dental | 4 | | examination requirement to the parents and guardians of | 5 | | students at least 60 days before May 15th of each school year.
| 6 | | (1.10) Except as otherwise provided in this Section, all | 7 | | children enrolling in kindergarten in a public, private, or | 8 | | parochial school on or after the effective date of this | 9 | | amendatory Act of the 95th General Assembly and any student | 10 | | enrolling for the first time in a public, private, or parochial | 11 | | school on or after the effective date of this amendatory Act of | 12 | | the 95th General Assembly shall have an eye examination. Each | 13 | | of these children shall present proof of having been examined | 14 | | by a physician licensed to practice medicine in all of its | 15 | | branches or a licensed optometrist within the previous year, in | 16 | | accordance with this Section and rules adopted under this | 17 | | Section, before October 15th of the school year. If the child | 18 | | fails to present proof by October 15th, the school may hold the | 19 | | child's report card until one of the following occurs: (i) the | 20 | | child presents proof of a completed eye examination or (ii) the | 21 | | child presents proof that an eye examination will take place | 22 | | within 60 days after October 15th. The Department of Public | 23 | | Health shall establish, by rule, a waiver for children who show | 24 | | an undue burden or a lack of access to a physician licensed to | 25 | | practice medicine in all of its branches who provides eye | 26 | | examinations or to a licensed optometrist. Each public, |
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| 1 | | private, and parochial school must give notice of this eye | 2 | | examination requirement to the parents and guardians of | 3 | | students in compliance with rules of the Department of Public | 4 | | Health. Nothing in this Section shall be construed to allow a | 5 | | school to exclude a child from attending because of a parent's | 6 | | or guardian's failure to obtain an eye examination for the | 7 | | child.
| 8 | | (2) The Department of Public Health shall promulgate rules | 9 | | and regulations
specifying the examinations and procedures | 10 | | that constitute a health examination, which shall include the | 11 | | collection of data relating to obesity
(including at a minimum, | 12 | | date of birth, gender, height, weight, blood pressure, and date | 13 | | of exam),
and a dental examination and may recommend by rule | 14 | | that certain additional examinations be performed.
The rules | 15 | | and regulations of the Department of Public Health shall | 16 | | specify that
a tuberculosis skin test screening shall be | 17 | | included as a required part of each
health examination included | 18 | | under this Section if the child resides in an area
designated | 19 | | by the Department of Public Health as having a high incidence | 20 | | of
tuberculosis.
The Department of Public Health shall specify | 21 | | that a diabetes
screening as defined by rule shall be included | 22 | | as a required part of each
health examination.
Diabetes testing | 23 | | is not required. | 24 | | Physicians licensed to practice medicine in all of its | 25 | | branches, advanced
practice nurses who have a written | 26 | | collaborative agreement with
a collaborating physician which |
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| 1 | | authorizes them to perform health
examinations, or physician | 2 | | assistants who have been delegated the
performance of health | 3 | | examinations by their supervising physician
shall be
| 4 | | responsible for the performance of the health examinations, | 5 | | other than dental
examinations, eye examinations, and vision | 6 | | and hearing screening, and shall sign all report forms
required | 7 | | by subsection (4) of this Section that pertain to those | 8 | | portions of
the health examination for which the physician, | 9 | | advanced practice nurse, or
physician assistant is | 10 | | responsible.
If a registered
nurse performs any part of a | 11 | | health examination, then a physician licensed to
practice | 12 | | medicine in all of its branches must review and sign all | 13 | | required
report forms. Licensed dentists shall perform all | 14 | | dental examinations and
shall sign all report forms required by | 15 | | subsection (4) of this Section that
pertain to the dental | 16 | | examinations. Physicians licensed to practice medicine
in all | 17 | | its branches or licensed optometrists shall perform all eye | 18 | | examinations
required by this Section and shall sign all report | 19 | | forms required by
subsection (4) of this Section that pertain | 20 | | to the eye examination. For purposes of this Section, an eye | 21 | | examination shall at a minimum include history, visual acuity, | 22 | | subjective refraction to best visual acuity near and far, | 23 | | internal and external examination, and a glaucoma evaluation, | 24 | | as well as any other tests or observations that in the | 25 | | professional judgment of the doctor are necessary. Vision and
| 26 | | hearing screening tests, which shall not be considered |
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| 1 | | examinations as that
term is used in this Section, shall be | 2 | | conducted in accordance with rules and
regulations of the | 3 | | Department of Public Health, and by individuals whom the
| 4 | | Department of Public Health has certified.
In these rules and | 5 | | regulations, the Department of Public Health shall
require that | 6 | | individuals conducting vision screening tests give a child's
| 7 | | parent or guardian written notification, before the vision | 8 | | screening is
conducted, that states, "Vision screening is not a | 9 | | substitute for a
complete eye and vision evaluation by an eye | 10 | | doctor. Your child is not
required to undergo this vision | 11 | | screening if an optometrist or
ophthalmologist has completed | 12 | | and signed a report form indicating that
an examination has | 13 | | been administered within the previous 12 months." | 14 | | (3) Every child shall, at or about the same time as he or | 15 | | she receives
a health examination required by subsection (1) of | 16 | | this Section, present
to the local school proof of having | 17 | | received such immunizations against
preventable communicable | 18 | | diseases as the Department of Public Health shall
require by | 19 | | rules and regulations promulgated pursuant to this Section and | 20 | | the
Communicable Disease Prevention Act. Beginning July 1, | 21 | | 2014, upon entering the 7th and 12th grade of any public, | 22 | | private, or parochial school, a student shall present to the | 23 | | school proof of having received an immunization containing | 24 | | meningococcal conjugate vaccine that meets the standards | 25 | | approved by the U.S. Public Health Service for such biological | 26 | | products and is in accordance with the recommendations of the |
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| 1 | | Centers for Disease Control and Prevention's Advisory | 2 | | Committee on Immunization Practices. | 3 | | (4) The individuals conducting the health examination,
| 4 | | dental examination, or eye examination shall record the
fact of | 5 | | having conducted the examination, and such additional | 6 | | information as
required, including for a health examination
| 7 | | data relating to obesity
(including at a minimum, date of | 8 | | birth, gender, height, weight, blood pressure, and date of | 9 | | exam), on uniform forms which the Department of Public Health | 10 | | and the State
Board of Education shall prescribe for statewide | 11 | | use. The examiner shall
summarize on the report form any | 12 | | condition that he or she suspects indicates a
need for special | 13 | | services, including for a health examination factors relating | 14 | | to obesity. The individuals confirming the administration of
| 15 | | required immunizations shall record as indicated on the form | 16 | | that the
immunizations were administered. | 17 | | (5) If a child does not submit proof of having had either | 18 | | the health
examination or the immunization as required, then | 19 | | the child shall be examined
or receive the immunization, as the | 20 | | case may be, and present proof by October
15 of the current | 21 | | school year, or by an earlier date of the current school year
| 22 | | established by a school district. To establish a date before | 23 | | October 15 of the
current school year for the health | 24 | | examination or immunization as required, a
school district must | 25 | | give notice of the requirements of this Section 60 days
prior | 26 | | to the earlier established date. If for medical reasons one or |
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| 1 | | more of
the required immunizations must be given after October | 2 | | 15 of the current school
year, or after an earlier established | 3 | | date of the current school year, then
the child shall present, | 4 | | by October 15, or by the earlier established date, a
schedule | 5 | | for the administration of the immunizations and a statement of | 6 | | the
medical reasons causing the delay, both the schedule and | 7 | | the statement being
issued by the physician, advanced practice | 8 | | nurse, physician assistant,
registered nurse, or local health | 9 | | department that will
be responsible for administration of the | 10 | | remaining required immunizations. If
a child does not comply by | 11 | | October 15, or by the earlier established date of
the current | 12 | | school year, with the requirements of this subsection, then the
| 13 | | local school authority shall exclude that child from school | 14 | | until such time as
the child presents proof of having had the | 15 | | health examination as required and
presents proof of having | 16 | | received those required immunizations which are
medically | 17 | | possible to receive immediately. During a child's exclusion | 18 | | from
school for noncompliance with this subsection, the child's | 19 | | parents or legal
guardian shall be considered in violation of | 20 | | Section 26-1 and subject to any
penalty imposed by Section | 21 | | 26-10. This subsection (5) does not apply to dental | 22 | | examinations and eye examinations. Until June 30, 2015, if the | 23 | | student is an out-of-state transfer student and does not have | 24 | | the proof required under this subsection (5) before October 15 | 25 | | of the current year or whatever date is set by the school | 26 | | district, then he or she may only attend classes (i) if he or |
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| 1 | | she has proof that an appointment for the required vaccinations | 2 | | has been scheduled with a party authorized to submit proof of | 3 | | the required vaccinations. If the proof of vaccination required | 4 | | under this subsection (5) is not submitted within 30 days after | 5 | | the student is permitted to attend classes, then the student is | 6 | | not to be permitted to attend classes until proof of the | 7 | | vaccinations has been properly submitted. No school district or | 8 | | employee of a school district shall be held liable for any | 9 | | injury or illness to another person that results from admitting | 10 | | an out-of-state transfer student to class that has an | 11 | | appointment scheduled pursuant to this subsection (5). | 12 | | (6) Every school shall report to the State Board of | 13 | | Education by November
15, in the manner which that agency shall | 14 | | require, the number of children who
have received the necessary | 15 | | immunizations and the health examination (other than a dental | 16 | | examination or eye examination) as
required, indicating, of | 17 | | those who have not received the immunizations and
examination | 18 | | as required, the number of children who are exempt from health
| 19 | | examination and immunization requirements on religious or | 20 | | medical grounds as
provided in subsection (8). On or before | 21 | | December 1 of each year, every public school district and | 22 | | registered nonpublic school shall make publicly available the | 23 | | immunization data they are required to submit to the State | 24 | | Board of Education by November 15. The immunization data made | 25 | | publicly available must be identical to the data the school | 26 | | district or school has reported to the State Board of |
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| 1 | | Education. | 2 | | Every school shall report to the State Board of Education | 3 | | by June 30, in the manner that the State Board requires, the | 4 | | number of children who have received the required dental | 5 | | examination, indicating, of those who have not received the | 6 | | required dental examination, the number of children who are | 7 | | exempt from the dental examination on religious grounds as | 8 | | provided in subsection (8) of this Section and the number of | 9 | | children who have received a waiver under subsection (1.5) of | 10 | | this Section. | 11 | | Every school shall report to the State Board of Education | 12 | | by June 30, in the manner that the State Board requires, the | 13 | | number of children who have received the required eye | 14 | | examination, indicating, of those who have not received the | 15 | | required eye examination, the number of children who are exempt | 16 | | from the eye examination as provided in subsection (8) of this | 17 | | Section, the number of children who have received a waiver | 18 | | under subsection (1.10) of this Section, and the total number | 19 | | of children in noncompliance with the eye examination | 20 | | requirement. | 21 | | The reported information under this subsection (6) shall be | 22 | | provided to the
Department of Public Health by the State Board | 23 | | of Education. | 24 | | (7) Upon determining that the number of pupils who are | 25 | | required to be in
compliance with subsection (5) of this | 26 | | Section is below 90% of the number of
pupils enrolled in the |
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| 1 | | school district, 10% of each State aid payment made
pursuant to | 2 | | Section 18-8.05 to the school district for such year may be | 3 | | withheld
by the State Board of Education until the number of | 4 | | students in compliance with
subsection (5) is the applicable | 5 | | specified percentage or higher. | 6 | | (8) Parents or legal guardians who object to health,
| 7 | | dental, or eye examinations or any part thereof, or to | 8 | | immunizations, on religious grounds
shall not be required to | 9 | | submit their children or wards to the examinations
or | 10 | | immunizations to which they so object if such parents or legal | 11 | | guardians
present to the appropriate local school authority a | 12 | | signed statement of
objection, detailing the grounds for the | 13 | | objection. If the physical condition
of the child is such that | 14 | | any one or more of the immunizing agents should not
be | 15 | | administered, the examining physician, advanced practice | 16 | | nurse, or
physician assistant responsible for the performance | 17 | | of the
health examination shall endorse that fact upon the | 18 | | health examination form.
Exempting a child from the health,
| 19 | | dental, or eye examination does not exempt the child from
| 20 | | participation in the program of physical education training | 21 | | provided in
Sections 27-5 through 27-7 of this Code. | 22 | | (9) For the purposes of this Section, "nursery schools" | 23 | | means those nursery
schools operated by elementary school | 24 | | systems or secondary level school units
or institutions of | 25 | | higher learning. | 26 | | (Source: P.A. 96-953, eff. 6-28-10; 97-216, eff. 1-1-12; |
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| 1 | | 97-910, eff. 1-1-13.) | 2 | | Section 10. The Communicable Disease Prevention Act is | 3 | | amended by adding Section 1.10 as follows: | 4 | | (410 ILCS 315/1.10 new) | 5 | | Sec. 1.10. Meningococcal conjugate vaccine. | 6 | | Notwithstanding Section 2 of this Act, the Department of Public | 7 | | Health shall adopt a rule requiring students, upon entering the | 8 | | 7th and 12th grade of any public, private, or parochial school, | 9 | | to receive an immunization containing meningococcal conjugate | 10 | | vaccine that meets the standards approved by the U.S. Public | 11 | | Health Service for such biological products and is in | 12 | | accordance with the recommendations of the Centers for Disease | 13 | | Control and Prevention's Advisory Committee on Immunization | 14 | | Practices. The immunization requirement shall apply beginning | 15 | | July 1, 2014. However, the requirement shall not apply if (i) | 16 | | the parent or guardian of the student objects thereto on the | 17 | | grounds that the administration of immunizing agents conflicts | 18 | | with the parent or guardian's religious tenets or practices or | 19 | | (ii) a physician employed by the parent or guardian to provide | 20 | | care and treatment to the student states that the physical | 21 | | condition of the student is such that the administration of the | 22 | | required immunizing agent would be detrimental to the health of | 23 | | the student.
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