Full Text of HB3191 98th General Assembly
HB3191eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The University of Illinois Hospital Act is | 5 | | amended by changing Section 8 as follows: | 6 | | (110 ILCS 330/8) | 7 | | Sec. 8. Immunization against influenza virus and | 8 | | pneumococcal disease. The University of Illinois Hospital | 9 | | shall adopt an influenza and pneumococcal
immunization policy | 10 | | that includes, but need not be limited to, the
following: | 11 | | (1) Procedures for identifying patients age 65 or older
| 12 | | and, at the discretion of the facility, other patients at | 13 | | risk. | 14 | | (2) Procedures for offering immunization against | 15 | | influenza virus when available
between September 1 and | 16 | | April 1, and against pneumococcal disease upon
admission or | 17 | | discharge, to patients in accordance with the | 18 | | recommendations of the Advisory Committee on Immunization | 19 | | Practices of the Centers for Disease Control and Prevention | 20 | | that are most recent to the time of vaccination age 65 or | 21 | | older , unless contraindicated. | 22 | | (3) Procedures
for ensuring that patients offered | 23 | | immunization, or their guardians,
receive information |
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| 1 | | regarding the risks and benefits of vaccination. | 2 | | The hospital shall provide a copy of its influenza and | 3 | | pneumococcal immunization policy to the Illinois Department of | 4 | | Public Health upon request.
| 5 | | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.) | 6 | | Section 10. The Nursing Home Care Act is amended by | 7 | | changing Section 2-213 as follows:
| 8 | | (210 ILCS 45/2-213)
| 9 | | Sec. 2-213. Vaccinations.
| 10 | | (a) A facility shall annually administer or arrange for | 11 | | administration of a vaccination against influenza to
each
| 12 | | resident, in accordance with the recommendations of the | 13 | | Advisory Committee on
Immunization Practices of the Centers for | 14 | | Disease Control and Prevention that
are most
recent to the time | 15 | | of vaccination, unless the vaccination is medically
| 16 | | contraindicated or
the resident has refused the vaccine. | 17 | | Influenza vaccinations for all residents
age 65 and
over shall | 18 | | be completed by November 30 of each year or as soon as | 19 | | practicable
if vaccine
supplies are not available before | 20 | | November 1. Residents admitted after November
30,
during the | 21 | | flu season, and until February 1 shall, as medically | 22 | | appropriate,
receive an influenza vaccination prior to or upon | 23 | | admission or as soon as
practicable if vaccine
supplies are not | 24 | | available at the time of the admission, unless the vaccine is
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| 1 | | medically
contraindicated or the resident has refused the | 2 | | vaccine. In the event that the
Advisory
Committee on | 3 | | Immunization Practices of the Centers for Disease Control and
| 4 | | Prevention
determines that dates of administration other than | 5 | | those stated in this Act are
optimal to
protect the health of | 6 | | residents, the Department is authorized to develop rules
to | 7 | | mandate
vaccinations at those times rather than the times | 8 | | stated in this Act. A
facility shall document in the resident's | 9 | | medical record that an annual
vaccination against influenza
was | 10 | | administered, arranged, refused or medically contraindicated.
| 11 | | (b) A facility shall administer or arrange for | 12 | | administration of a pneumococcal
vaccination to each resident | 13 | | who is age 65 and over , in accordance with the
recommendations | 14 | | of the Advisory Committee on Immunization Practices of the
| 15 | | Centers
for Disease Control and Prevention, who has not | 16 | | received this immunization
prior to or
upon admission to the | 17 | | facility, unless the resident refuses the offer for
vaccination | 18 | | or the
vaccination is medically contraindicated. A facility | 19 | | shall document in each
resident's
medical record that a | 20 | | vaccination against pneumococcal pneumonia was offered
and | 21 | | administered, arranged, refused, or medically contraindicated.
| 22 | | (c) All persons seeking admission to a nursing facility | 23 | | shall be verbally screened for risk factors associated with | 24 | | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | 25 | | (HIV) according to guidelines established by the U.S. Centers | 26 | | for Disease Control and Prevention. Persons who are identified |
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| 1 | | as being at high risk for hepatitis B, hepatitis C, or HIV | 2 | | shall be offered an opportunity to undergo laboratory testing | 3 | | in order to determine infection status if they will be admitted | 4 | | to the nursing facility for at least 7 days and are not known | 5 | | to be infected with any of the listed viruses. All HIV testing | 6 | | shall be conducted in compliance with the AIDS Confidentiality | 7 | | Act. All persons determined to be susceptible to the hepatitis | 8 | | B virus shall be offered immunization within 10 days of | 9 | | admission to any nursing facility. A facility shall document in | 10 | | the resident's medical record that he or she was verbally | 11 | | screened for risk factors associated with hepatitis B, | 12 | | hepatitis C, and HIV, and whether or not the resident was | 13 | | immunized against hepatitis B. Nothing in this subsection (c) | 14 | | shall apply to a nursing facility licensed or regulated by the | 15 | | Illinois Department of Veterans' Affairs. | 16 | | (d) A skilled nursing facility shall designate a person or | 17 | | persons as Infection Prevention and Control Professionals to | 18 | | develop and implement policies governing control of infections | 19 | | and communicable diseases. The Infection Prevention and | 20 | | Control Professionals shall be qualified through education, | 21 | | training, experience, or certification or a combination of such | 22 | | qualifications. The Infection Prevention and Control | 23 | | Professional's qualifications shall be documented and shall be | 24 | | made available for inspection by the Department. | 25 | | (Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)
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| 1 | | Section 15. The ID/DD Community Care Act is amended by | 2 | | changing Section 2-213 as follows: | 3 | | (210 ILCS 47/2-213)
| 4 | | Sec. 2-213. Vaccinations. | 5 | | (a) A facility shall annually administer or arrange for | 6 | | administration of a vaccination against influenza to each | 7 | | resident, in accordance with the recommendations of the | 8 | | Advisory Committee on Immunization Practices of the Centers for | 9 | | Disease Control and Prevention that are most recent to the time | 10 | | of vaccination, unless the vaccination is medically | 11 | | contraindicated or the resident has refused the vaccine. | 12 | | Influenza vaccinations for all residents age 65 and over shall | 13 | | be completed by November 30 of each year or as soon as | 14 | | practicable if vaccine supplies are not available before | 15 | | November 1. Residents admitted after November 30, during the | 16 | | flu season, and until February 1 shall, as medically | 17 | | appropriate, receive an influenza vaccination prior to or upon | 18 | | admission or as soon as practicable if vaccine supplies are not | 19 | | available at the time of the admission, unless the vaccine is | 20 | | medically contraindicated or the resident has refused the | 21 | | vaccine. In the event that the Advisory Committee on | 22 | | Immunization Practices of the Centers for Disease Control and | 23 | | Prevention determines that dates of administration other than | 24 | | those stated in this Act are optimal to protect the health of | 25 | | residents, the Department is authorized to develop rules to |
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| 1 | | mandate vaccinations at those times rather than the times | 2 | | stated in this Act. A facility shall document in the resident's | 3 | | medical record that an annual vaccination against influenza was | 4 | | administered, arranged, refused or medically contraindicated. | 5 | | (b) A facility shall administer or arrange for | 6 | | administration of a pneumococcal vaccination to each resident | 7 | | who is age 65 and over , in accordance with the recommendations | 8 | | of the Advisory Committee on Immunization Practices of the | 9 | | Centers for Disease Control and Prevention, who has not | 10 | | received this immunization prior to or upon admission to the | 11 | | facility, unless the resident refuses the offer for vaccination | 12 | | or the vaccination is medically contraindicated. A facility | 13 | | shall document in each resident's medical record that a | 14 | | vaccination against pneumococcal pneumonia was offered and | 15 | | administered, arranged, refused, or medically contraindicated.
| 16 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 17 | | Section 20. The Specialized Mental Health Rehabilitation | 18 | | Act is amended by changing Section 2-213 as follows: | 19 | | (210 ILCS 48/2-213)
| 20 | | Sec. 2-213. Vaccinations. | 21 | | (a) A facility shall annually administer or arrange for | 22 | | administration of a vaccination against influenza to each | 23 | | resident, in accordance with the recommendations of the | 24 | | Advisory Committee on Immunization Practices of the Centers for |
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| 1 | | Disease Control and Prevention that are most recent to the time | 2 | | of vaccination, unless the vaccination is medically | 3 | | contraindicated or the resident has refused the vaccine. | 4 | | Influenza vaccinations for all residents age 65 and over shall | 5 | | be completed by November 30 of each year or as soon as | 6 | | practicable if vaccine supplies are not available before | 7 | | November 1. Residents admitted after November 30, during the | 8 | | flu season, and until February 1 shall, as medically | 9 | | appropriate, receive an influenza vaccination prior to or upon | 10 | | admission or as soon as practicable if vaccine supplies are not | 11 | | available at the time of the admission, unless the vaccine is | 12 | | medically contraindicated or the resident has refused the | 13 | | vaccine. In the event that the Advisory Committee on | 14 | | Immunization Practices of the Centers for Disease Control and | 15 | | Prevention determines that dates of administration other than | 16 | | those stated in this Act are optimal to protect the health of | 17 | | residents, the Department is authorized to develop rules to | 18 | | mandate vaccinations at those times rather than the times | 19 | | stated in this Act. A facility shall document in the resident's | 20 | | medical record that an annual vaccination against influenza was | 21 | | administered, arranged, refused or medically contraindicated. | 22 | | (b) A facility shall administer or arrange for | 23 | | administration of a pneumococcal vaccination to each resident | 24 | | who is age 65 and over , in accordance with the recommendations | 25 | | of the Advisory Committee on Immunization Practices of the | 26 | | Centers for Disease Control and Prevention, who has not |
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| 1 | | received this immunization prior to or upon admission to the | 2 | | facility, unless the resident refuses the offer for vaccination | 3 | | or the vaccination is medically contraindicated. A facility | 4 | | shall document in each resident's medical record that a | 5 | | vaccination against pneumococcal pneumonia was offered and | 6 | | administered, arranged, refused, or medically contraindicated.
| 7 | | (c) All persons seeking admission to a nursing facility | 8 | | shall be verbally screened for risk factors associated with | 9 | | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | 10 | | (HIV) according to guidelines established by the U.S. Centers | 11 | | for Disease Control and Prevention. Persons who are identified | 12 | | as being at high risk for hepatitis B, hepatitis C, or HIV | 13 | | shall be offered an opportunity to undergo laboratory testing | 14 | | in order to determine infection status if they will be admitted | 15 | | to the nursing facility for at least 7 days and are not known | 16 | | to be infected with any of the listed viruses. All HIV testing | 17 | | shall be conducted in compliance with the AIDS Confidentiality | 18 | | Act. All persons determined to be susceptible to the hepatitis | 19 | | B virus shall be offered immunization within 10 days of | 20 | | admission to any nursing facility. A facility shall document in | 21 | | the resident's medical record that he or she was verbally | 22 | | screened for risk factors associated with hepatitis B, | 23 | | hepatitis C, and HIV, and whether or not the resident was | 24 | | immunized against hepatitis B. Nothing in this subsection (c) | 25 | | shall apply to a nursing facility licensed or regulated by the | 26 | | Illinois Department of Veterans' Affairs.
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| 1 | | (Source: P.A. 97-38, eff. 6-28-11.) | 2 | | Section 25. The Hospital Licensing Act is amended by | 3 | | changing Section 6.26 as follows: | 4 | | (210 ILCS 85/6.26) | 5 | | Sec. 6.26. Immunization against influenza virus and | 6 | | pneumococcal disease. | 7 | | (a) Every hospital shall adopt an influenza and | 8 | | pneumococcal
immunization policy that includes, but need not be | 9 | | limited to, the
following: | 10 | | (1) Procedures for identifying patients age 65 or older
| 11 | | and, at the discretion of the facility, other patients at | 12 | | risk. | 13 | | (2) Procedures for offering immunization against | 14 | | influenza virus when available
between September 1 and | 15 | | April 1, and against pneumococcal disease upon
admission or | 16 | | discharge, to patients in accordance with the | 17 | | recommendations of the Advisory Committee on Immunization | 18 | | Practices of the Centers for Disease Control and Prevention | 19 | | that are most recent to the time of vaccination age 65 or | 20 | | older , unless contraindicated. | 21 | | (3) Procedures
for ensuring that patients offered | 22 | | immunization, or their guardians,
receive information | 23 | | regarding the risks and benefits of vaccination. | 24 | | The hospital shall provide a copy of its influenza and |
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| 1 | | pneumococcal immunization policy to the Department upon | 2 | | request. | 3 | | (b) A home rule unit may not regulate immunization against | 4 | | influenza virus and pneumococcal disease in a manner | 5 | | inconsistent with the regulation of such immunizations under | 6 | | this Section. This subsection is a limitation under subsection | 7 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 8 | | the concurrent exercise by home rule units of powers and | 9 | | functions exercised by the State.
| 10 | | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
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