Full Text of HB3811 100th General Assembly
HB3811 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3811 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 |
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Amends the School Code. Provides that if a school discovers that a physician, advanced practice nurse, or physician assistant refuses to conduct a developmental screening or the social and emotional screening despite the request of a parent or legal guardian, the school shall report the refusal to the Department of Financial and Professional Regulation and the Department shall impose a $500 civil penalty on the physician, advanced practice nurse, or physician assistant who refused to complete the screenings. Effective June 1, 2017.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 | | (Text of Section before amendment by P.A. 99-927 ) | 8 | | Sec. 27-8.1. Health examinations and immunizations. | 9 | | (1) In compliance with rules and regulations which the | 10 | | Department of Public
Health shall promulgate, and except as | 11 | | hereinafter provided, all children in
Illinois shall have a | 12 | | health examination as follows: within one year prior to
| 13 | | entering kindergarten or the first grade of any public, | 14 | | private, or parochial
elementary school; upon entering the | 15 | | sixth and ninth grades of any public,
private, or parochial | 16 | | school; prior to entrance into any public, private, or
| 17 | | parochial nursery school; and, irrespective of grade, | 18 | | immediately prior to or
upon entrance into any public, private, | 19 | | or parochial school or nursery school,
each child shall present | 20 | | proof of having been examined in accordance with this
Section | 21 | | and the rules and regulations promulgated hereunder. Any child | 22 | | who received a health examination within one year prior to | 23 | | entering the fifth grade for the 2007-2008 school year is not |
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| 1 | | required to receive an additional health examination in order | 2 | | to comply with the provisions of Public Act 95-422 when he or | 3 | | she attends school for the 2008-2009 school year, unless the | 4 | | child is attending school for the first time as provided in | 5 | | this paragraph. | 6 | | A tuberculosis skin test screening shall be included as a | 7 | | required part of
each health examination included under this | 8 | | Section if the child resides in an
area designated by the | 9 | | Department of Public Health as having a high incidence
of | 10 | | tuberculosis. Additional health examinations of pupils, | 11 | | including eye examinations, may be required when deemed | 12 | | necessary by school
authorities. Parents are encouraged to have | 13 | | their children undergo eye examinations at the same points in | 14 | | time required for health
examinations. | 15 | | (1.5) In compliance with rules adopted by the Department of | 16 | | Public Health and except as otherwise provided in this Section, | 17 | | all children in kindergarten and the second and sixth grades of | 18 | | any public, private, or parochial school shall have a dental | 19 | | examination. Each of these children shall present proof of | 20 | | having been examined by a dentist in accordance with this | 21 | | Section and rules adopted under this Section before May 15th of | 22 | | the school year. If a child in the second or sixth grade fails | 23 | | to present proof by May 15th, the school may hold the child's | 24 | | report card until one of the following occurs: (i) the child | 25 | | presents proof of a completed dental examination or (ii) the | 26 | | child presents proof that a dental examination will take place |
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| 1 | | within 60 days after May 15th. The Department of Public Health | 2 | | shall establish, by rule, a waiver for children who show an | 3 | | undue burden or a lack of access to a dentist. Each public, | 4 | | private, and parochial school must give notice of this dental | 5 | | examination requirement to the parents and guardians of | 6 | | students at least 60 days before May 15th of each school year.
| 7 | | (1.10) Except as otherwise provided in this Section, all | 8 | | children enrolling in kindergarten in a public, private, or | 9 | | parochial school on or after the effective date of this | 10 | | amendatory Act of the 95th General Assembly and any student | 11 | | enrolling for the first time in a public, private, or parochial | 12 | | school on or after the effective date of this amendatory Act of | 13 | | the 95th General Assembly shall have an eye examination. Each | 14 | | of these children shall present proof of having been examined | 15 | | by a physician licensed to practice medicine in all of its | 16 | | branches or a licensed optometrist within the previous year, in | 17 | | accordance with this Section and rules adopted under this | 18 | | Section, before October 15th of the school year. If the child | 19 | | fails to present proof by October 15th, the school may hold the | 20 | | child's report card until one of the following occurs: (i) the | 21 | | child presents proof of a completed eye examination or (ii) the | 22 | | child presents proof that an eye examination will take place | 23 | | within 60 days after October 15th. The Department of Public | 24 | | Health shall establish, by rule, a waiver for children who show | 25 | | an undue burden or a lack of access to a physician licensed to | 26 | | practice medicine in all of its branches who provides eye |
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| 1 | | examinations or to a licensed optometrist. Each public, | 2 | | private, and parochial school must give notice of this eye | 3 | | examination requirement to the parents and guardians of | 4 | | students in compliance with rules of the Department of Public | 5 | | Health. Nothing in this Section shall be construed to allow a | 6 | | school to exclude a child from attending because of a parent's | 7 | | or guardian's failure to obtain an eye examination for the | 8 | | child.
| 9 | | (2) The Department of Public Health shall promulgate rules | 10 | | and regulations
specifying the examinations and procedures | 11 | | that constitute a health examination, which shall include the | 12 | | collection of data relating to obesity
(including at a minimum, | 13 | | date of birth, gender, height, weight, blood pressure, and date | 14 | | of exam),
and a dental examination and may recommend by rule | 15 | | that certain additional examinations be performed.
The rules | 16 | | and regulations of the Department of Public Health shall | 17 | | specify that
a tuberculosis skin test screening shall be | 18 | | included as a required part of each
health examination included | 19 | | under this Section if the child resides in an area
designated | 20 | | by the Department of Public Health as having a high incidence | 21 | | of
tuberculosis.
The Department of Public Health shall specify | 22 | | that a diabetes
screening as defined by rule shall be included | 23 | | as a required part of each
health examination.
Diabetes testing | 24 | | is not required. | 25 | | Physicians licensed to practice medicine in all of its | 26 | | branches, licensed advanced
practice nurses, or licensed |
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| 1 | | physician assistants shall be
responsible for the performance | 2 | | of the health examinations, other than dental
examinations, eye | 3 | | examinations, and vision and hearing screening, and shall sign | 4 | | all report forms
required by subsection (4) of this Section | 5 | | that pertain to those portions of
the health examination for | 6 | | which the physician, advanced practice nurse, or
physician | 7 | | assistant is responsible.
If a registered
nurse performs any | 8 | | part of a health examination, then a physician licensed to
| 9 | | practice medicine in all of its branches must review and sign | 10 | | all required
report forms. Licensed dentists shall perform all | 11 | | dental examinations and
shall sign all report forms required by | 12 | | subsection (4) of this Section that
pertain to the dental | 13 | | examinations. Physicians licensed to practice medicine
in all | 14 | | its branches or licensed optometrists shall perform all eye | 15 | | examinations
required by this Section and shall sign all report | 16 | | forms required by
subsection (4) of this Section that pertain | 17 | | to the eye examination. For purposes of this Section, an eye | 18 | | examination shall at a minimum include history, visual acuity, | 19 | | subjective refraction to best visual acuity near and far, | 20 | | internal and external examination, and a glaucoma evaluation, | 21 | | as well as any other tests or observations that in the | 22 | | professional judgment of the doctor are necessary. Vision and
| 23 | | hearing screening tests, which shall not be considered | 24 | | examinations as that
term is used in this Section, shall be | 25 | | conducted in accordance with rules and
regulations of the | 26 | | Department of Public Health, and by individuals whom the
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| 1 | | Department of Public Health has certified.
In these rules and | 2 | | regulations, the Department of Public Health shall
require that | 3 | | individuals conducting vision screening tests give a child's
| 4 | | parent or guardian written notification, before the vision | 5 | | screening is
conducted, that states, "Vision screening is not a | 6 | | substitute for a
complete eye and vision evaluation by an eye | 7 | | doctor. Your child is not
required to undergo this vision | 8 | | screening if an optometrist or
ophthalmologist has completed | 9 | | and signed a report form indicating that
an examination has | 10 | | been administered within the previous 12 months." | 11 | | (3) Every child shall, at or about the same time as he or | 12 | | she receives
a health examination required by subsection (1) of | 13 | | this Section, present
to the local school proof of having | 14 | | received such immunizations against
preventable communicable | 15 | | diseases as the Department of Public Health shall
require by | 16 | | rules and regulations promulgated pursuant to this Section and | 17 | | the
Communicable Disease Prevention Act. | 18 | | (4) The individuals conducting the health examination,
| 19 | | dental examination, or eye examination shall record the
fact of | 20 | | having conducted the examination, and such additional | 21 | | information as
required, including for a health examination
| 22 | | data relating to obesity
(including at a minimum, date of | 23 | | birth, gender, height, weight, blood pressure, and date of | 24 | | exam), on uniform forms which the Department of Public Health | 25 | | and the State
Board of Education shall prescribe for statewide | 26 | | use. The examiner shall
summarize on the report form any |
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| 1 | | condition that he or she suspects indicates a
need for special | 2 | | services, including for a health examination factors relating | 3 | | to obesity. The individuals confirming the administration of
| 4 | | required immunizations shall record as indicated on the form | 5 | | that the
immunizations were administered. | 6 | | (5) If a child does not submit proof of having had either | 7 | | the health
examination or the immunization as required, then | 8 | | the child shall be examined
or receive the immunization, as the | 9 | | case may be, and present proof by October
15 of the current | 10 | | school year, or by an earlier date of the current school year
| 11 | | established by a school district. To establish a date before | 12 | | October 15 of the
current school year for the health | 13 | | examination or immunization as required, a
school district must | 14 | | give notice of the requirements of this Section 60 days
prior | 15 | | to the earlier established date. If for medical reasons one or | 16 | | more of
the required immunizations must be given after October | 17 | | 15 of the current school
year, or after an earlier established | 18 | | date of the current school year, then
the child shall present, | 19 | | by October 15, or by the earlier established date, a
schedule | 20 | | for the administration of the immunizations and a statement of | 21 | | the
medical reasons causing the delay, both the schedule and | 22 | | the statement being
issued by the physician, advanced practice | 23 | | nurse, physician assistant,
registered nurse, or local health | 24 | | department that will
be responsible for administration of the | 25 | | remaining required immunizations. If
a child does not comply by | 26 | | October 15, or by the earlier established date of
the current |
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| 1 | | school year, with the requirements of this subsection, then the
| 2 | | local school authority shall exclude that child from school | 3 | | until such time as
the child presents proof of having had the | 4 | | health examination as required and
presents proof of having | 5 | | received those required immunizations which are
medically | 6 | | possible to receive immediately. During a child's exclusion | 7 | | from
school for noncompliance with this subsection, the child's | 8 | | parents or legal
guardian shall be considered in violation of | 9 | | Section 26-1 and subject to any
penalty imposed by Section | 10 | | 26-10. This subsection (5) does not apply to dental | 11 | | examinations and eye examinations. If the student is an | 12 | | out-of-state transfer student and does not have the proof | 13 | | required under this subsection (5) before October 15 of the | 14 | | current year or whatever date is set by the school district, | 15 | | then he or she may only attend classes (i) if he or she has | 16 | | proof that an appointment for the required vaccinations has | 17 | | been scheduled with a party authorized to submit proof of the | 18 | | required vaccinations. If the proof of vaccination required | 19 | | under this subsection (5) is not submitted within 30 days after | 20 | | the student is permitted to attend classes, then the student is | 21 | | not to be permitted to attend classes until proof of the | 22 | | vaccinations has been properly submitted. No school district or | 23 | | employee of a school district shall be held liable for any | 24 | | injury or illness to another person that results from admitting | 25 | | an out-of-state transfer student to class that has an | 26 | | appointment scheduled pursuant to this subsection (5). |
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| 1 | | (6) Every school shall report to the State Board of | 2 | | Education by November
15, in the manner which that agency shall | 3 | | require, the number of children who
have received the necessary | 4 | | immunizations and the health examination (other than a dental | 5 | | examination or eye examination) as
required, indicating, of | 6 | | those who have not received the immunizations and
examination | 7 | | as required, the number of children who are exempt from health
| 8 | | examination and immunization requirements on religious or | 9 | | medical grounds as
provided in subsection (8). On or before | 10 | | December 1 of each year, every public school district and | 11 | | registered nonpublic school shall make publicly available the | 12 | | immunization data they are required to submit to the State | 13 | | Board of Education by November 15. The immunization data made | 14 | | publicly available must be identical to the data the school | 15 | | district or school has reported to the State Board of | 16 | | Education. | 17 | | Every school shall report to the State Board of Education | 18 | | by June 30, in the manner that the State Board requires, the | 19 | | number of children who have received the required dental | 20 | | examination, indicating, of those who have not received the | 21 | | required dental examination, the number of children who are | 22 | | exempt from the dental examination on religious grounds as | 23 | | provided in subsection (8) of this Section and the number of | 24 | | children who have received a waiver under subsection (1.5) of | 25 | | this Section. | 26 | | Every school shall report to the State Board of Education |
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| 1 | | by June 30, in the manner that the State Board requires, the | 2 | | number of children who have received the required eye | 3 | | examination, indicating, of those who have not received the | 4 | | required eye examination, the number of children who are exempt | 5 | | from the eye examination as provided in subsection (8) of this | 6 | | Section, the number of children who have received a waiver | 7 | | under subsection (1.10) of this Section, and the total number | 8 | | of children in noncompliance with the eye examination | 9 | | requirement. | 10 | | The reported information under this subsection (6) shall be | 11 | | provided to the
Department of Public Health by the State Board | 12 | | of Education. | 13 | | (7) Upon determining that the number of pupils who are | 14 | | required to be in
compliance with subsection (5) of this | 15 | | Section is below 90% of the number of
pupils enrolled in the | 16 | | school district, 10% of each State aid payment made
pursuant to | 17 | | Section 18-8.05 to the school district for such year may be | 18 | | withheld
by the State Board of Education until the number of | 19 | | students in compliance with
subsection (5) is the applicable | 20 | | specified percentage or higher. | 21 | | (8) Children of parents or legal guardians who object to | 22 | | health, dental, or eye examinations or any part thereof, to | 23 | | immunizations, or to vision and hearing screening tests on | 24 | | religious grounds shall not be required to undergo the | 25 | | examinations, tests, or immunizations to which they so object | 26 | | if such parents or legal guardians present to the appropriate |
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| 1 | | local school authority a signed Certificate of Religious | 2 | | Exemption detailing the grounds for objection and the specific | 3 | | immunizations, tests, or examinations to which they object. The | 4 | | grounds for objection must set forth the specific religious | 5 | | belief that conflicts with the examination, test, | 6 | | immunization, or other medical intervention. The signed | 7 | | certificate shall also reflect the parent's or legal guardian's | 8 | | understanding of the school's exclusion policies in the case of | 9 | | a vaccine-preventable disease outbreak or exposure. The | 10 | | certificate must also be signed by the authorized examining | 11 | | health care provider responsible for the performance of the | 12 | | child's health examination confirming that the provider | 13 | | provided education to the parent or legal guardian on the | 14 | | benefits of immunization and the health risks to the student | 15 | | and to the community of the communicable diseases for which | 16 | | immunization is required in this State. However, the health | 17 | | care provider's signature on the certificate reflects only that | 18 | | education was provided and does not allow a health care | 19 | | provider grounds to determine a religious exemption. Those | 20 | | receiving immunizations required under this Code shall be | 21 | | provided with the relevant vaccine information statements that | 22 | | are required to be disseminated by the federal National | 23 | | Childhood Vaccine Injury Act of 1986, which may contain | 24 | | information on circumstances when a vaccine should not be | 25 | | administered, prior to administering a vaccine. A healthcare | 26 | | provider may consider including without limitation the |
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| 1 | | nationally accepted recommendations from federal agencies such | 2 | | as the Advisory Committee on Immunization Practices, the | 3 | | information outlined in the relevant vaccine information | 4 | | statement, and vaccine package inserts, along with the | 5 | | healthcare provider's clinical judgment, to determine whether | 6 | | any child may be more susceptible to experiencing an adverse | 7 | | vaccine reaction than the general population, and, if so, the | 8 | | healthcare provider may exempt the child from an immunization | 9 | | or adopt an individualized immunization schedule. The | 10 | | Certificate of Religious Exemption shall be created by the | 11 | | Department of Public Health and shall be made available and | 12 | | used by parents and legal guardians by the beginning of the | 13 | | 2015-2016 school year. Parents or legal guardians must submit | 14 | | the Certificate of Religious Exemption to their local school | 15 | | authority prior to entering kindergarten, sixth grade, and | 16 | | ninth grade for each child for which they are requesting an | 17 | | exemption. The religious objection stated need not be directed | 18 | | by the tenets of an established religious organization. | 19 | | However, general philosophical or moral reluctance to allow | 20 | | physical examinations, eye examinations, immunizations, vision | 21 | | and hearing screenings, or dental examinations does not provide | 22 | | a sufficient basis for an exception to statutory requirements. | 23 | | The local school authority is responsible for determining if
| 24 | | the content of the Certificate of Religious Exemption
| 25 | | constitutes a valid religious objection.
The local school | 26 | | authority shall inform the parent or legal guardian of |
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| 1 | | exclusion procedures, in accordance with the Department's | 2 | | rules under Part 690 of Title 77 of the Illinois Administrative | 3 | | Code, at the time the objection is presented. | 4 | | If the physical condition
of the child is such that any one | 5 | | or more of the immunizing agents should not
be administered, | 6 | | the examining physician, advanced practice nurse, or
physician | 7 | | assistant responsible for the performance of the
health | 8 | | examination shall endorse that fact upon the health examination | 9 | | form. | 10 | | Exempting a child from the health,
dental, or eye | 11 | | examination does not exempt the child from
participation in the | 12 | | program of physical education training provided in
Sections | 13 | | 27-5 through 27-7 of this Code. | 14 | | (9) For the purposes of this Section, "nursery schools" | 15 | | means those nursery
schools operated by elementary school | 16 | | systems or secondary level school units
or institutions of | 17 | | higher learning. | 18 | | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | 19 | | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16.) | 20 | | (Text of Section after amendment by P.A. 99-927 ) | 21 | | Sec. 27-8.1. Health examinations and immunizations. | 22 | | (1) In compliance with rules and regulations which the | 23 | | Department of Public
Health shall promulgate, and except as | 24 | | hereinafter provided, all children in
Illinois shall have a | 25 | | health examination as follows: within one year prior to
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| 1 | | entering kindergarten or the first grade of any public, | 2 | | private, or parochial
elementary school; upon entering the | 3 | | sixth and ninth grades of any public,
private, or parochial | 4 | | school; prior to entrance into any public, private, or
| 5 | | parochial nursery school; and, irrespective of grade, | 6 | | immediately prior to or
upon entrance into any public, private, | 7 | | or parochial school or nursery school,
each child shall present | 8 | | proof of having been examined in accordance with this
Section | 9 | | and the rules and regulations promulgated hereunder. Any child | 10 | | who received a health examination within one year prior to | 11 | | entering the fifth grade for the 2007-2008 school year is not | 12 | | required to receive an additional health examination in order | 13 | | to comply with the provisions of Public Act 95-422 when he or | 14 | | she attends school for the 2008-2009 school year, unless the | 15 | | child is attending school for the first time as provided in | 16 | | this paragraph. | 17 | | A tuberculosis skin test screening shall be included as a | 18 | | required part of
each health examination included under this | 19 | | Section if the child resides in an
area designated by the | 20 | | Department of Public Health as having a high incidence
of | 21 | | tuberculosis. Additional health examinations of pupils, | 22 | | including eye examinations, may be required when deemed | 23 | | necessary by school
authorities. Parents are encouraged to have | 24 | | their children undergo eye examinations at the same points in | 25 | | time required for health
examinations. | 26 | | (1.5) In compliance with rules adopted by the Department of |
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| 1 | | Public Health and except as otherwise provided in this Section, | 2 | | all children in kindergarten and the second and sixth grades of | 3 | | any public, private, or parochial school shall have a dental | 4 | | examination. Each of these children shall present proof of | 5 | | having been examined by a dentist in accordance with this | 6 | | Section and rules adopted under this Section before May 15th of | 7 | | the school year. If a child in the second or sixth grade fails | 8 | | to present proof by May 15th, the school may hold the child's | 9 | | report card until one of the following occurs: (i) the child | 10 | | presents proof of a completed dental examination or (ii) the | 11 | | child presents proof that a dental examination will take place | 12 | | within 60 days after May 15th. The Department of Public Health | 13 | | shall establish, by rule, a waiver for children who show an | 14 | | undue burden or a lack of access to a dentist. Each public, | 15 | | private, and parochial school must give notice of this dental | 16 | | examination requirement to the parents and guardians of | 17 | | students at least 60 days before May 15th of each school year.
| 18 | | (1.10) Except as otherwise provided in this Section, all | 19 | | children enrolling in kindergarten in a public, private, or | 20 | | parochial school on or after the effective date of this | 21 | | amendatory Act of the 95th General Assembly and any student | 22 | | enrolling for the first time in a public, private, or parochial | 23 | | school on or after the effective date of this amendatory Act of | 24 | | the 95th General Assembly shall have an eye examination. Each | 25 | | of these children shall present proof of having been examined | 26 | | by a physician licensed to practice medicine in all of its |
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| 1 | | branches or a licensed optometrist within the previous year, in | 2 | | accordance with this Section and rules adopted under this | 3 | | Section, before October 15th of the school year. If the child | 4 | | fails to present proof by October 15th, the school may hold the | 5 | | child's report card until one of the following occurs: (i) the | 6 | | child presents proof of a completed eye examination or (ii) the | 7 | | child presents proof that an eye examination will take place | 8 | | within 60 days after October 15th. The Department of Public | 9 | | Health shall establish, by rule, a waiver for children who show | 10 | | an undue burden or a lack of access to a physician licensed to | 11 | | practice medicine in all of its branches who provides eye | 12 | | examinations or to a licensed optometrist. Each public, | 13 | | private, and parochial school must give notice of this eye | 14 | | examination requirement to the parents and guardians of | 15 | | students in compliance with rules of the Department of Public | 16 | | Health. Nothing in this Section shall be construed to allow a | 17 | | school to exclude a child from attending because of a parent's | 18 | | or guardian's failure to obtain an eye examination for the | 19 | | child.
| 20 | | (2) The Department of Public Health shall promulgate rules | 21 | | and regulations
specifying the examinations and procedures | 22 | | that constitute a health examination, which shall include an | 23 | | age-appropriate developmental screening, an age-appropriate | 24 | | social and emotional screening, and the collection of data | 25 | | relating to obesity
(including at a minimum, date of birth, | 26 | | gender, height, weight, blood pressure, and date of exam),
and |
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| 1 | | a dental examination and may recommend by rule that certain | 2 | | additional examinations be performed.
The rules and | 3 | | regulations of the Department of Public Health shall specify | 4 | | that
a tuberculosis skin test screening shall be included as a | 5 | | required part of each
health examination included under this | 6 | | Section if the child resides in an area
designated by the | 7 | | Department of Public Health as having a high incidence of
| 8 | | tuberculosis.
With respect to the developmental screening and | 9 | | the social and emotional screening, the Department of Public | 10 | | Health must develop rules and appropriate revisions to the | 11 | | Child Health Examination form in conjunction with a statewide | 12 | | organization representing school boards; a statewide | 13 | | organization representing pediatricians; statewide | 14 | | organizations representing individuals holding Illinois | 15 | | educator licenses with school support personnel endorsements, | 16 | | including school social workers, school psychologists, and | 17 | | school nurses; a statewide organization representing | 18 | | children's mental health experts; a statewide organization | 19 | | representing school principals; the Director of Healthcare and | 20 | | Family Services or his or her designee, the State | 21 | | Superintendent of Education or his or her designee; and | 22 | | representatives of other appropriate State agencies and, at a | 23 | | minimum, must recommend the use of validated screening tools | 24 | | appropriate to the child's age or grade, and, with regard to | 25 | | the social and emotional screening, require recording only | 26 | | whether or not the screening was completed. The rules shall |
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| 1 | | take into consideration the screening recommendations of the | 2 | | American Academy of Pediatrics and must be consistent with the | 3 | | State Board of Education's social and emotional learning | 4 | | standards. The Department of Public Health shall specify that a | 5 | | diabetes
screening as defined by rule shall be included as a | 6 | | required part of each
health examination.
Diabetes testing is | 7 | | not required. | 8 | | Physicians licensed to practice medicine in all of its | 9 | | branches, licensed advanced
practice nurses, or licensed | 10 | | physician assistants shall be
responsible for the performance | 11 | | of the health examinations, other than dental
examinations, eye | 12 | | examinations, and vision and hearing screening, and shall sign | 13 | | all report forms
required by subsection (4) of this Section | 14 | | that pertain to those portions of
the health examination for | 15 | | which the physician, advanced practice nurse, or
physician | 16 | | assistant is responsible.
If a registered
nurse performs any | 17 | | part of a health examination, then a physician licensed to
| 18 | | practice medicine in all of its branches must review and sign | 19 | | all required
report forms. Licensed dentists shall perform all | 20 | | dental examinations and
shall sign all report forms required by | 21 | | subsection (4) of this Section that
pertain to the dental | 22 | | examinations. Physicians licensed to practice medicine
in all | 23 | | its branches or licensed optometrists shall perform all eye | 24 | | examinations
required by this Section and shall sign all report | 25 | | forms required by
subsection (4) of this Section that pertain | 26 | | to the eye examination. For purposes of this Section, an eye |
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| 1 | | examination shall at a minimum include history, visual acuity, | 2 | | subjective refraction to best visual acuity near and far, | 3 | | internal and external examination, and a glaucoma evaluation, | 4 | | as well as any other tests or observations that in the | 5 | | professional judgment of the doctor are necessary. Vision and
| 6 | | hearing screening tests, which shall not be considered | 7 | | examinations as that
term is used in this Section, shall be | 8 | | conducted in accordance with rules and
regulations of the | 9 | | Department of Public Health, and by individuals whom the
| 10 | | Department of Public Health has certified.
In these rules and | 11 | | regulations, the Department of Public Health shall
require that | 12 | | individuals conducting vision screening tests give a child's
| 13 | | parent or guardian written notification, before the vision | 14 | | screening is
conducted, that states, "Vision screening is not a | 15 | | substitute for a
complete eye and vision evaluation by an eye | 16 | | doctor. Your child is not
required to undergo this vision | 17 | | screening if an optometrist or
ophthalmologist has completed | 18 | | and signed a report form indicating that
an examination has | 19 | | been administered within the previous 12 months." | 20 | | (2.5) With respect to the developmental screening and the | 21 | | social and emotional screening portion of the health | 22 | | examination, each child may present proof of having been | 23 | | screened in accordance with this Section and the rules adopted | 24 | | under this Section before October 15th of the school year. With | 25 | | regard to the social and emotional screening only, the | 26 | | examining health care provider shall only record whether or not |
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| 1 | | the screening was completed. If the child fails to present | 2 | | proof of the developmental screening or the social and | 3 | | emotional screening portions of the health examination by | 4 | | October 15th of the school year, qualified school support | 5 | | personnel may, with a parent's or guardian's consent, offer the | 6 | | developmental screening or the social and emotional screening | 7 | | to the child. Each public, private, and parochial school must | 8 | | give notice of the developmental screening and social and | 9 | | emotional screening requirements to the parents and guardians | 10 | | of students in compliance with the rules of the Department of | 11 | | Public Health. Nothing in this Section shall be construed to | 12 | | allow a school to exclude a child from attending because of a | 13 | | parent's or guardian's failure to obtain a developmental | 14 | | screening or a social and emotional screening for the child. | 15 | | Once a developmental screening or a social and emotional | 16 | | screening is completed and proof has been presented to the | 17 | | school, the school may, with a parent's or guardian's consent, | 18 | | make available appropriate school personnel to work with the | 19 | | parent or guardian, the child, and the provider who signed the | 20 | | screening form to obtain any appropriate evaluations and | 21 | | services as indicated on the form and in other information and | 22 | | documentation provided by the parents, guardians, or provider. | 23 | | If a school discovers that a physician, advanced practice | 24 | | nurse, or physician assistant refuses to conduct a | 25 | | developmental screening or the social and emotional screening | 26 | | despite the request of a parent or legal guardian, the school |
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| 1 | | shall report the refusal to the Department of Financial and | 2 | | Professional Regulation and the Department of Financial and | 3 | | Professional Regulation shall impose a $500 civil penalty on | 4 | | the physician, advanced practice nurse, or physician assistant | 5 | | who refused to complete the developmental or social and | 6 | | emotional screening. | 7 | | (3) Every child shall, at or about the same time as he or | 8 | | she receives
a health examination required by subsection (1) of | 9 | | this Section, present
to the local school proof of having | 10 | | received such immunizations against
preventable communicable | 11 | | diseases as the Department of Public Health shall
require by | 12 | | rules and regulations promulgated pursuant to this Section and | 13 | | the
Communicable Disease Prevention Act. | 14 | | (4) The individuals conducting the health examination,
| 15 | | dental examination, or eye examination shall record the
fact of | 16 | | having conducted the examination, and such additional | 17 | | information as
required, including for a health examination
| 18 | | data relating to obesity
(including at a minimum, date of | 19 | | birth, gender, height, weight, blood pressure, and date of | 20 | | exam), on uniform forms which the Department of Public Health | 21 | | and the State
Board of Education shall prescribe for statewide | 22 | | use. The examiner shall
summarize on the report form any | 23 | | condition that he or she suspects indicates a
need for special | 24 | | services, including for a health examination factors relating | 25 | | to obesity. The duty to summarize on the report form does not | 26 | | apply to social and emotional screenings. The confidentiality |
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| 1 | | of the information and records relating to the developmental | 2 | | screening and the social and emotional screening shall be | 3 | | determined by the statutes, rules, and professional ethics | 4 | | governing the type of provider conducting the screening. The | 5 | | individuals confirming the administration of
required | 6 | | immunizations shall record as indicated on the form that the
| 7 | | immunizations were administered. | 8 | | (5) If a child does not submit proof of having had either | 9 | | the health
examination or the immunization as required, then | 10 | | the child shall be examined
or receive the immunization, as the | 11 | | case may be, and present proof by October
15 of the current | 12 | | school year, or by an earlier date of the current school year
| 13 | | established by a school district. To establish a date before | 14 | | October 15 of the
current school year for the health | 15 | | examination or immunization as required, a
school district must | 16 | | give notice of the requirements of this Section 60 days
prior | 17 | | to the earlier established date. If for medical reasons one or | 18 | | more of
the required immunizations must be given after October | 19 | | 15 of the current school
year, or after an earlier established | 20 | | date of the current school year, then
the child shall present, | 21 | | by October 15, or by the earlier established date, a
schedule | 22 | | for the administration of the immunizations and a statement of | 23 | | the
medical reasons causing the delay, both the schedule and | 24 | | the statement being
issued by the physician, advanced practice | 25 | | nurse, physician assistant,
registered nurse, or local health | 26 | | department that will
be responsible for administration of the |
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| 1 | | remaining required immunizations. If
a child does not comply by | 2 | | October 15, or by the earlier established date of
the current | 3 | | school year, with the requirements of this subsection, then the
| 4 | | local school authority shall exclude that child from school | 5 | | until such time as
the child presents proof of having had the | 6 | | health examination as required and
presents proof of having | 7 | | received those required immunizations which are
medically | 8 | | possible to receive immediately. During a child's exclusion | 9 | | from
school for noncompliance with this subsection, the child's | 10 | | parents or legal
guardian shall be considered in violation of | 11 | | Section 26-1 and subject to any
penalty imposed by Section | 12 | | 26-10. This subsection (5) does not apply to dental | 13 | | examinations, eye examinations, and the developmental | 14 | | screening and the social and emotional screening portions of | 15 | | the health examination. If the student is an out-of-state | 16 | | transfer student and does not have the proof required under | 17 | | this subsection (5) before October 15 of the current year or | 18 | | whatever date is set by the school district, then he or she may | 19 | | only attend classes (i) if he or she has proof that an | 20 | | appointment for the required vaccinations has been scheduled | 21 | | with a party authorized to submit proof of the required | 22 | | vaccinations. If the proof of vaccination required under this | 23 | | subsection (5) is not submitted within 30 days after the | 24 | | student is permitted to attend classes, then the student is not | 25 | | to be permitted to attend classes until proof of the | 26 | | vaccinations has been properly submitted. No school district or |
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| 1 | | employee of a school district shall be held liable for any | 2 | | injury or illness to another person that results from admitting | 3 | | an out-of-state transfer student to class that has an | 4 | | appointment scheduled pursuant to this subsection (5). | 5 | | (6) Every school shall report to the State Board of | 6 | | Education by November
15, in the manner which that agency shall | 7 | | require, the number of children who
have received the necessary | 8 | | immunizations and the health examination (other than a dental | 9 | | examination or eye examination) as
required, indicating, of | 10 | | those who have not received the immunizations and
examination | 11 | | as required, the number of children who are exempt from health
| 12 | | examination and immunization requirements on religious or | 13 | | medical grounds as
provided in subsection (8). On or before | 14 | | December 1 of each year, every public school district and | 15 | | registered nonpublic school shall make publicly available the | 16 | | immunization data they are required to submit to the State | 17 | | Board of Education by November 15. The immunization data made | 18 | | publicly available must be identical to the data the school | 19 | | district or school has reported to the State Board of | 20 | | Education. | 21 | | Every school shall report to the State Board of Education | 22 | | by June 30, in the manner that the State Board requires, the | 23 | | number of children who have received the required dental | 24 | | examination, indicating, of those who have not received the | 25 | | required dental examination, the number of children who are | 26 | | exempt from the dental examination on religious grounds as |
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| 1 | | provided in subsection (8) of this Section and the number of | 2 | | children who have received a waiver under subsection (1.5) of | 3 | | this Section. | 4 | | Every school shall report to the State Board of Education | 5 | | by June 30, in the manner that the State Board requires, the | 6 | | number of children who have received the required eye | 7 | | examination, indicating, of those who have not received the | 8 | | required eye examination, the number of children who are exempt | 9 | | from the eye examination as provided in subsection (8) of this | 10 | | Section, the number of children who have received a waiver | 11 | | under subsection (1.10) of this Section, and the total number | 12 | | of children in noncompliance with the eye examination | 13 | | requirement. | 14 | | The reported information under this subsection (6) shall be | 15 | | provided to the
Department of Public Health by the State Board | 16 | | of Education. | 17 | | (7) Upon determining that the number of pupils who are | 18 | | required to be in
compliance with subsection (5) of this | 19 | | Section is below 90% of the number of
pupils enrolled in the | 20 | | school district, 10% of each State aid payment made
pursuant to | 21 | | Section 18-8.05 to the school district for such year may be | 22 | | withheld
by the State Board of Education until the number of | 23 | | students in compliance with
subsection (5) is the applicable | 24 | | specified percentage or higher. | 25 | | (8) Children of parents or legal guardians who object to | 26 | | health, dental, or eye examinations or any part thereof, to |
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| 1 | | immunizations, or to vision and hearing screening tests on | 2 | | religious grounds shall not be required to undergo the | 3 | | examinations, tests, or immunizations to which they so object | 4 | | if such parents or legal guardians present to the appropriate | 5 | | local school authority a signed Certificate of Religious | 6 | | Exemption detailing the grounds for objection and the specific | 7 | | immunizations, tests, or examinations to which they object. The | 8 | | grounds for objection must set forth the specific religious | 9 | | belief that conflicts with the examination, test, | 10 | | immunization, or other medical intervention. The signed | 11 | | certificate shall also reflect the parent's or legal guardian's | 12 | | understanding of the school's exclusion policies in the case of | 13 | | a vaccine-preventable disease outbreak or exposure. The | 14 | | certificate must also be signed by the authorized examining | 15 | | health care provider responsible for the performance of the | 16 | | child's health examination confirming that the provider | 17 | | provided education to the parent or legal guardian on the | 18 | | benefits of immunization and the health risks to the student | 19 | | and to the community of the communicable diseases for which | 20 | | immunization is required in this State. However, the health | 21 | | care provider's signature on the certificate reflects only that | 22 | | education was provided and does not allow a health care | 23 | | provider grounds to determine a religious exemption. Those | 24 | | receiving immunizations required under this Code shall be | 25 | | provided with the relevant vaccine information statements that | 26 | | are required to be disseminated by the federal National |
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| 1 | | Childhood Vaccine Injury Act of 1986, which may contain | 2 | | information on circumstances when a vaccine should not be | 3 | | administered, prior to administering a vaccine. A healthcare | 4 | | provider may consider including without limitation the | 5 | | nationally accepted recommendations from federal agencies such | 6 | | as the Advisory Committee on Immunization Practices, the | 7 | | information outlined in the relevant vaccine information | 8 | | statement, and vaccine package inserts, along with the | 9 | | healthcare provider's clinical judgment, to determine whether | 10 | | any child may be more susceptible to experiencing an adverse | 11 | | vaccine reaction than the general population, and, if so, the | 12 | | healthcare provider may exempt the child from an immunization | 13 | | or adopt an individualized immunization schedule. The | 14 | | Certificate of Religious Exemption shall be created by the | 15 | | Department of Public Health and shall be made available and | 16 | | used by parents and legal guardians by the beginning of the | 17 | | 2015-2016 school year. Parents or legal guardians must submit | 18 | | the Certificate of Religious Exemption to their local school | 19 | | authority prior to entering kindergarten, sixth grade, and | 20 | | ninth grade for each child for which they are requesting an | 21 | | exemption. The religious objection stated need not be directed | 22 | | by the tenets of an established religious organization. | 23 | | However, general philosophical or moral reluctance to allow | 24 | | physical examinations, eye examinations, immunizations, vision | 25 | | and hearing screenings, or dental examinations does not provide | 26 | | a sufficient basis for an exception to statutory requirements. |
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| 1 | | The local school authority is responsible for determining if
| 2 | | the content of the Certificate of Religious Exemption
| 3 | | constitutes a valid religious objection.
The local school | 4 | | authority shall inform the parent or legal guardian of | 5 | | exclusion procedures, in accordance with the Department's | 6 | | rules under Part 690 of Title 77 of the Illinois Administrative | 7 | | Code, at the time the objection is presented. | 8 | | If the physical condition
of the child is such that any one | 9 | | or more of the immunizing agents should not
be administered, | 10 | | the examining physician, advanced practice nurse, or
physician | 11 | | assistant responsible for the performance of the
health | 12 | | examination shall endorse that fact upon the health examination | 13 | | form. | 14 | | Exempting a child from the health,
dental, or eye | 15 | | examination does not exempt the child from
participation in the | 16 | | program of physical education training provided in
Sections | 17 | | 27-5 through 27-7 of this Code. | 18 | | (9) For the purposes of this Section, "nursery schools" | 19 | | means those nursery
schools operated by elementary school | 20 | | systems or secondary level school units
or institutions of | 21 | | higher learning. | 22 | | (Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15; | 23 | | 99-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff. | 24 | | 6-1-17.) | 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
| 7 | | Section 99. Effective date. This Act takes effect June 1, | 8 | | 2017.
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