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90_SB0781sam002
SRS90SB0781KScham01
1 AMENDMENT TO SENATE BILL 781
2 AMENDMENT NO. . Amend Senate Bill 781, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to immunizations for school children,
5 amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 27-8.1 as follows:
10 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
11 Sec. 27-8.1. Health examinations and immunizations.
12 (1) In compliance with rules and regulations that which
13 the Department of Public Health shall promulgate, and except
14 as hereinafter provided, all children in Illinois shall have
15 a health examination as follows: within one year prior to
16 entering kindergarten or the first grade of any public,
17 private, or parochial elementary school; upon entering the
18 fifth and ninth grades of any public, private, or parochial
19 school; prior to entrance into any public, private, or
20 parochial nursery school; and, irrespective of grade,
21 immediately prior to or upon entrance into any public,
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1 private, or parochial school or nursery school, each child
2 shall present proof of having been examined in accordance
3 with this Section and the rules and regulations promulgated
4 hereunder.
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 dental and vision examinations, may be required
11 when deemed necessary by school authorities. Parents are
12 encouraged to have their children undergo dental examinations
13 at the same points in time required for health examinations.
14 (2) The Department of Public Health shall promulgate
15 rules and regulations specifying the examinations and
16 procedures that constitute a health examination and may
17 recommend by rule that certain additional examinations be
18 performed. The rules and regulations of the Department of
19 Public Health shall specify that a tuberculosis skin test
20 screening shall be included as a required part of each health
21 examination included under this Section if the child resides
22 in an area designated by the Department of Public Health as
23 having a high incidence of tuberculosis.
24 Physicians licensed to practice medicine in all of its
25 branches shall be responsible for the performance of the
26 health examinations, other than dental examinations and
27 vision and hearing screening, and shall sign all report forms
28 required by subsection (4) of this Section that pertain to
29 those portions of the health examination for which the
30 physician is responsible. If a registered nurse performs any
31 part of a health examination, then a physician licensed to
32 practice medicine in all of its branches must review and sign
33 all required report forms. Licensed dentists shall perform
34 all dental examinations and shall sign all report forms
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1 required by subsection (4) of this Section that pertain to
2 the dental examinations. Physicians licensed to practice
3 medicine in all its branches, or licensed optometrists, shall
4 perform all vision exams required by school authorities and
5 shall sign all report forms required by subsection (4) of
6 this Section that pertain to the vision exam. Vision and
7 hearing screening tests, which shall not be considered
8 examinations as that term is used in this Section, shall be
9 conducted in accordance with rules and regulations of the
10 Department of Public Health, and by individuals whom the
11 Department of Public Health has certified.
12 (3) Every child shall, at or about the same time as he
13 or she receives a health examination required by subsection
14 (1) of this Section, present to the local school, proof of
15 having received such immunizations against preventable
16 communicable diseases as the Department of Public Health
17 shall require by rules and regulations promulgated pursuant
18 to this Section and the Communicable Disease Prevention Act.
19 (4) The individuals conducting the health examination
20 shall record the fact of having conducted the examination,
21 and such additional information as required, on uniform forms
22 which the Department of Public Health and the State Board of
23 Education shall prescribe for statewide use. The examiner
24 shall summarize on the report form any condition that he or
25 she suspects indicates a need for special services. The
26 individuals confirming the administration of required
27 immunizations shall record as indicated on the form that the
28 immunizations were administered.
29 (5) If a child does not submit proof of having had
30 either the health examination or the immunization as
31 required, then the child shall be examined or receive the
32 immunization, as the case may be, and present proof by
33 October 15 of the current school year, or by an earlier date
34 of the current school year established by a school district.
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1 To establish a date before October 15 of the current school
2 year for the health examination or immunization as required,
3 a school district must give notice of the requirements of
4 this Section 60 days prior to the earlier established date.
5 If for medical reasons one or more of the required
6 immunizations must be given after October 15 of the current
7 school year, or after an earlier established date of the
8 current school year, then the child shall present, by October
9 15, or by the earlier established date, a schedule for the
10 administration of the immunizations and a statement of the
11 medical reasons causing the delay, both the schedule and the
12 statement being issued by the physician, registered nurse, or
13 local health department that will be responsible for
14 administration of the remaining required immunizations. If a
15 child does not comply by October 15, or by the earlier
16 established date of the current school year, with the
17 requirements of this subsection, then the local school
18 authority shall exclude that child from school until such
19 time as the child presents proof of having had the health
20 examination as required and presents proof of having received
21 those required immunizations which are medically possible to
22 receive immediately. During a child's exclusion from school
23 for noncompliance with this subsection, the child's parents
24 or legal guardian shall be considered in violation of Section
25 26-1 and subject to any penalty imposed by Section 26-10.
26 (6) Every school shall report to the State Board of
27 Education by November 15, in the manner which that agency
28 shall require, the number of children who have received the
29 necessary immunizations and the health examination as
30 required, indicating, of those who have not received the
31 immunizations and examination as required, the number of
32 children who are exempt from health examination and
33 immunization requirements on religious, philosophical, or
34 medical grounds as provided in subsection (8). This reported
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1 information shall be provided to the Department of Public
2 Health by the State Board of Education.
3 (7) Upon determining that the number of pupils who are
4 required to be in compliance with subsection (5) of this
5 Section is below 90% of the number of pupils enrolled in the
6 school district, 10% of each State aid payment made pursuant
7 to Section 18-8 to the school district for such year shall be
8 withheld by the regional superintendent until the number of
9 students in compliance with subsection (5) is the applicable
10 specified percentage or higher.
11 (8) Children whose parents or legal guardians object to
12 health examinations or any part thereof, or to immunizations,
13 on religious or philosophical grounds shall not be required
14 to submit their children or wards to the examinations or
15 immunizations to which they so object if such parents or
16 legal guardians present to the appropriate local school
17 authority a signed statement of objection, detailing the
18 grounds for the objection. If the physical condition of the
19 child is such that any one or more of the immunizing agents
20 should not be administered, the examining physician
21 responsible for the performance of the health examination
22 shall endorse that fact upon the health examination form.
23 Exempting a child from the health examination does not exempt
24 the child from participation in the program of physical
25 education training provided in Sections 27-5 through 27-7 of
26 this Code.
27 (9) For the purposes of this Section, "nursery schools"
28 means those nursery schools operated by elementary school
29 systems or secondary level school units or institutions of
30 higher learning.
31 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
32 8-9-96.)
33 Section 10. The Communicable Disease Prevention Act is
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1 amended by changing Section 2 as follows:
2 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
3 Sec. 2. Rules; application; Task Force.
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 for of
11 other diseases as vaccines are developed.
12 (b) The provisions of this Act shall not apply if:
13 1. the parent or guardian of the child objects
14 thereto on the grounds that the administration of
15 immunizing agents conflicts with his or her philosophical
16 beliefs or religious tenets or practices; or,
17 2. a physician employed by the parent or guardian
18 to provide care and treatment to the child states that
19 the physical condition of the child is such that the
20 administration of one or more of the required immunizing
21 agents would be detrimental to the health of the child.
22 (c) There is created the Immunization Task Force, which
23 shall consist of 12 persons. The President and Minority
24 Leader of the Senate and the Speaker and Minority Leader of
25 the House of Representatives shall each appoint to the Task
26 Force one legislator and one parent or guardian of a child
27 required to be immunized. The remaining 4 members of the
28 Task Force shall be appointed by the Director of Public
29 Health. The legislative members appointed by the Senate
30 President and the Speaker of the House shall serve as
31 co-chairs of the Task Force.
32 The Immunization Task Force shall review the process by
33 which the Department of Public Health establishes and revises
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1 immunization requirements under this Act and Section 27-8.1
2 of the School Code. The Immunization Task Force shall report
3 its findings and recommendations to the Department and the
4 General Assembly by February 1, 1998.
5 (Source: P.A. 85-828.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".