State of Illinois
90th General Assembly
Legislation

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90_HB1699

      20 ILCS 2310/55.84 new
      410 ILCS 315/2
          Amends  the  Civil  Administrative  Code   of   Illinois.
      Provides  that  the  Department of Public Health may reduce a
      check that is less than $50 in excess of the  correct  amount
      of the fee to be paid by any person applying for any license,
      certificate,  registration,  title, or permit.  Provides that
      no reduction in an amount  greater  than  $50  may  be  made.
      Amends  the  Communicable  Disease  Prevention Act.  Provides
      that child  immunization  records  may  be  provided  to  the
      Department  of  Public  Health for a centralized immunization
      file unless a parent requests that  the  information  not  be
      provided.   Provides  that  these  records may also be shared
      with certain people and entities  unless  a  parent  requests
      that the information not be shared.  Provides that persons or
      entities   requesting   ;the   records   shall  maintain  the
      confidentiality  of  the  information   and   may   use   the
      information  for  certain  purposes.   Provides  that certain
      persons and entities are not subject to an action  or  liable
      for providing information from the records in accordance with
      these provisions.
                                                     LRB9001382MWpc
                                               LRB9001382MWpc
 1        AN ACT in relation to the operations of the Department of
 2    Public Health.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Civil Administrative Code of Illinois  is
 6    amended by adding Section 55.84 as follows:
 7        (20 ILCS 2310/55.84 new)
 8        Sec.  55.84. Checks; reduction of amount.  The Department
 9    may reduce by  interlineation  the  amount  of  any  personal
10    check, corporate check, or company check drawn on the account
11    of  and  delivered  by  any  person applying for any license,
12    certificate, registration, title,  or  permit  that  requires
13    payment  of  a fee.  The amount of reduction shall be limited
14    to $50, and the drawer of the  check  shall  be  notified  in
15    writing  of the reduction.  Any check for an amount more than
16    $50 in excess of the correct amount shall be returned to  the
17    drawer.   Any  check  altered  as  authorized by this Section
18    shall be endorsed  by  the  Director  of  the  Department  as
19    follows:  "This  check is warranted to subsequent holders and
20    to the drawee to be in the amount  of  $  (insert  amount).".
21    All  applications  for  a  license,  title,  or  permit (upon
22    reprinting of forms by  the  Department)  shall  contain  the
23    following  authorization  statement:  "My  signature  on this
24    application authorizes the Department  of  Public  Health  to
25    reduce  the  amount  of  the accompanying check if the amount
26    submitted is not correct.  I understand  this  will  be  done
27    only  if  the  amount  submitted is greater than the required
28    fee, but in no event shall the reduction be made in an amount
29    greater than $50.".
30        Section  10.  The Communicable Disease Prevention Act  is
                            -2-                LRB9001382MWpc
 1    amended by changing Section 2 as follows:
 2        (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
 3        Sec. 2.  Immunization.
 4        (a)  The  Department  of  Public  Health shall promulgate
 5    rules and  regulations  requiring  immunization  of  children
 6    against  preventable  communicable diseases designated by the
 7    Director. Before  any  regulation  or  amendment  thereto  is
 8    prescribed,  the  Department  shall  conduct a public hearing
 9    regarding  such  regulation.  The  Department  may  prescribe
10    additional rules and regulations for  immunization  of  other
11    diseases as vaccines are developed.
12        (b)  The provisions of this Act shall not apply if:
13             (1)  1.  The parent or guardian of the child objects
14        thereto  on  the  grounds  that  the  administration   of
15        immunizing  agents conflicts with his religious tenets or
16        practices or,
17             (2)  2.  A  physician  employed  by  the  parent  or
18        guardian to provide  care  and  treatment  to  the  child
19        states  that  the physical condition of the child is such
20        that the administration of one or more  of  the  required
21        immunizing  agents  would be detrimental to the health of
22        the child.
23        (c)  Immunization  records  concerning  a  child  may  be
24    provided to the Department of Public Health for a centralized
25    immunization  file  unless  the  parent  or  legal   guardian
26    requests that this information not be provided.  Immunization
27    records  may also be shared with a local health department, a
28    public vaccine  provider,  a  community  health  center,  the
29    parents,   an   attending   physician,  licensed  child  care
30    facilities, Head Start centers, schools, and higher education
31    institutions unless the parent  or  legal  guardian  requests
32    that  this  information  not be shared.  Patient immunization
33    records that may be released include the following:
                            -3-                LRB9001382MWpc
 1             (1)  Name and address.
 2             (2)  Date of birth.
 3             (3)  Gender.
 4             (4)  Race and ethnicity.
 5             (5)  Types and dates of immunizations  administered,
 6        regardless of the date of immunization.
 7             (6)  Existence of a medical or religious exemption.
 8    The  name and address of the physician, health department, or
 9    other vaccine provider that administered  each  dose  may  be
10    submitted to the Department of Public Health.
11        (d)  Persons   or   entities   requesting   a   patient's
12    immunization  records  shall  maintain the confidentiality of
13    the information released to them and may use the  information
14    for the following purposes:
15             (1)  To   provide   immunization   services  to  the
16        patient.
17             (2)  To   assess   patient   compliance   with   the
18        immunization schedule.
19             (3)  To   compile   and   disseminate    statistical
20        information  of  the  immunization  status  on  groups of
21        patients  without  identifying  information   for   these
22        patients included in these groups.
23        No  person  or entity who receives information under this
24    Section shall disclose information contained in  immunization
25    records  publicly  or  in an action of any kind in a court or
26    before  a  tribunal,  board,  or  agency  in  a  manner  that
27    identifies an individual patient.  Neither the Department  of
28    Public Health nor a physician, public vaccine provider, local
29    health  department,  or  any  other  person  or  entity  that
30    provides services on behalf of a child shall be subject to an
31    action  or  be  liable  for  providing  information  from the
32    immunization records of a child as provided in subsection (c)
33    and this subsection (d).
34        (e)  Releasing information as provided in subsections (c)
                            -4-                LRB9001382MWpc
 1    and (d)  shall  not  be  construed  as  a  violation  of  the
 2    confidentiality,  if any, of the information.  The Department
 3    of Public Health shall promulgate rules needed  to  implement
 4    the provisions of subsections (c) and (d).
 5    (Source: P.A. 85-828.)

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