[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 002 ] | [ House Amendment 003 ] |
90_HB3318ham001
LRB9010091DJcdam01
1 AMENDMENT TO HOUSE BILL 3318
2 AMENDMENT NO. . Amend House Bill 3318 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Communicable Disease Prevention Act
5 by changing Sections 1 and 2 and adding Sections 1.5, 4, and
6 5."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Communicable Disease Prevention Act is
10 amended by changing Sections 1 and 2 and adding Sections 1.5,
11 4, and 5 as follows:
12 (410 ILCS 315/1) (from Ch. 111 1/2, par. 22.11)
13 Sec. 1. Communicable diseases; public policy.
14 Certain communicable diseases such as measles,
15 poliomyelitis and tetanus, may and do result in serious
16 physical and mental disability including mental retardation,
17 permanent paralysis, encephalitis, convulsions, pneumonia,
18 and not infrequently, death.
19 Most of these diseases attack young children, and if they
20 have not been immunized, may spread to other susceptible
-2- LRB9010091DJcdam01
1 children and possibly, adults, thus, posing serious threats
2 to the health of the community. Effective, safe and widely
3 used vaccines and immunization procedures have been developed
4 and are available to prevent these diseases and to limit
5 their spread. Even though such immunization procedures are
6 available, many children fail to receive this protection
7 either through parental oversight, lack of concern, knowledge
8 or interest, or lack of available facilities or funds. The
9 existence of susceptible children in the community
10 constitutes a health hazard to the individual and to the
11 public at large by serving as a focus for the spread of these
12 communicable diseases.
13 It is declared to be the public policy of this State that
14 all children shall be protected, as soon after birth as
15 medically indicated, by the appropriate vaccines and
16 immunizing procedures to prevent communicable diseases which
17 are or which may in the future become preventable by
18 immunization.
19 The General Assembly recognizes that the greater the rate
20 of immunization among its citizens, the more protection all
21 of the citizens have against vaccine preventable communicable
22 diseases. Further, the State of Illinois requires children
23 enrolling in licensed child care facilities and schools to
24 have periodic health examinations and fulfill certain
25 immunization requirements. To this end, it is desirable to
26 ensure that appropriate information concerning the
27 immunization status of individual Illinois children is
28 available to parents, health care providers, child care
29 facilities, and schools as quickly and easily as possible,
30 recognizing the confidential nature of health information.
31 (Source: P.A. 78-255; 78-303; 78-1297.)
32 (410 ILCS 315/1.5 new)
33 Sec. 1.5. Definitions. In this Act:
-3- LRB9010091DJcdam01
1 "Department" means the Illinois Department of Public
2 Health.
3 "Director" means the Director of Public Health.
4 "Health care provider" means a physician, local health
5 department, community health center, or other health care
6 professional or organization providing immunization services
7 to a patient.
8 "Patient" means an individual who is receiving or has
9 received immunization services.
10 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
11 Sec. 2. Rules and regulations; application of Act.
12 (a) The Department of Public Health shall adopt
13 promulgate rules and regulations requiring immunization of
14 children against preventable communicable diseases designated
15 by the Director. Before any regulation or amendment thereto
16 is prescribed, the Department shall conduct a public hearing
17 regarding such regulation. The Department may prescribe
18 additional rules and regulations for immunization of other
19 diseases as vaccines are developed.
20 (b) The provisions of this Act shall not apply if:
21 1. The parent or legal guardian of the child
22 objects thereto on the grounds that the administration of
23 immunizing agents conflicts with his religious tenets or
24 practices or,
25 2. A physician employed by the parent or legal
26 guardian to provide care and treatment to the child
27 states that the physical condition of the child is such
28 that the administration of one or more of the required
29 immunizing agents would be detrimental to the health of
30 the child.
31 (Source: P.A. 85-828.)
32 (410 ILCS 315/4 new)
-4- LRB9010091DJcdam01
1 Sec. 4. Immunization status registry. The Department
2 may, based on available resources, develop an immunization
3 status registry to make immunization status information
4 available to parents or legal guardians, health care
5 providers, child care facilities, or schools in accordance
6 with the following requirements:
7 (1) Immunization information may be reported to the
8 Department by a health care provider performing
9 immunization services for a patient, provided that
10 consent for the reporting is given by the patient or by
11 the parent or legal guardian of a minor patient. This
12 authorization shall not create a duty or obligation for
13 health care providers to report immunizations, and a duty
14 or obligation shall not be implied.
15 (2) After receiving a report under paragraph (1) of
16 this Section, the Department may release the immunization
17 information only to those parties for which written
18 consent is given by the patient or by the parent or legal
19 guardian of a minor patient. Immunization information
20 that may be released shall be set forth in a written
21 consent form.
22 (3) Persons or entities receiving immunization
23 information shall maintain the confidentiality of the
24 information released to them and may use the information
25 only for the following purposes:
26 (A) To provide immunization services to the
27 patient.
28 (B) To monitor the immunization status of
29 individuals to ensure adherence to the recommended
30 immunization schedule or compliance with the law.
31 (C) To compile and disseminate statistical
32 information on the immunization status of groups of
33 patients without identifying information about
34 patients included in the groups.
-5- LRB9010091DJcdam01
1 (4) In developing and implementing an immunization
2 status registry the Department shall solicit the advice
3 and input of interested entities, organizations, and
4 persons, including but not limited to: medical
5 professionals; federal, State, and local public health
6 professionals; child care professionals; State and local
7 school officials; pharmaceutical companies; child
8 advocates; and parents.
9 (410 ILCS 315/5 new)
10 Sec. 5. Confidentiality and re-disclosure. Except as set
11 forth in this Act, no person or entity who receives
12 information under this Act may re-disclose information
13 contained in immunization records in any manner or form.
14 Any health care provider that intends to report
15 immunization information to the Department must inform the
16 patient, or the parent or legal guardian of a minor patient,
17 and secure the written consent of that patient, parent, or
18 legal guardian before reporting the information.
19 The patient, or the parent or legal guardian of a minor
20 patient, may obtain all individually identifiable
21 immunization information in the immunization status registry
22 by presenting a written consent to the patient's health care
23 provider. If all of that information is not available from a
24 single health care provider, a written consent may be
25 presented to the Department.
26 Reporting or disclosing immunization information as
27 provided in this Act shall not be construed as a violation of
28 any requirements concerning confidentiality of the
29 information. Except as provided in this Act, all
30 immunization information shall be treated in the same manner
31 as reports under the Communicable Disease Report Act (745
32 ILCS 45/).
-6- LRB9010091DJcdam01
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".