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| [ Introduced ] | [ Senate Amendment 001 ] |
91_SB0823eng SB823 Engrossed LRB9105925NTmbA 1 AN ACT in relation to immunizations for schoolchildren, 2 amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Section 27-8.1 as follows: 7 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) 8 Sec. 27-8.1. Health examinations and immunizations. 9 (1) In compliance with rules and regulations thatwhich10 the Department of Public Health shall promulgate, and except 11 as hereinafter provided, all children in Illinois shall have 12 a 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 fifth 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, 19 private, or parochial school or nursery school, each child 20 shall present proof of having been examined in accordance 21 with this Section and the rules and regulations promulgated 22 hereunder. 23 A tuberculosis skin test screening shall be included as a 24 required part of each health examination included under this 25 Section if the child resides in an area designated by the 26 Department of Public Health as having a high incidence of 27 tuberculosis. Additional health examinations of pupils, 28 including dental and vision examinations, may be required 29 when deemed necessary by school authorities. Parents are 30 encouraged to have their children undergo dental examinations 31 at the same points in time required for health examinations. SB823 Engrossed -2- LRB9105925NTmbA 1 (2) The Department of Public Health shall promulgate 2 rules and regulations specifying the examinations and 3 procedures that constitute a health examination and may 4 recommend by rule that certain additional examinations be 5 performed. The rules and regulations of the Department of 6 Public Health shall specify that a tuberculosis skin test 7 screening shall be included as a required part of each health 8 examination included under this Section if the child resides 9 in an area designated by the Department of Public Health as 10 having a high incidence of tuberculosis. 11 Physicians licensed to practice medicine in all of its 12 branches shall be responsible for the performance of the 13 health examinations, other than dental examinations and 14 vision and hearing screening, and shall sign all report forms 15 required by subsection (4) of this Section that pertain to 16 those portions of the health examination for which the 17 physician is responsible. If a registered nurse performs any 18 part of a health examination, then a physician licensed to 19 practice medicine in all of its branches must review and sign 20 all required report forms. Licensed dentists shall perform 21 all dental examinations and shall sign all report forms 22 required by subsection (4) of this Section that pertain to 23 the dental examinations. Physicians licensed to practice 24 medicine in all its branches, or licensed optometrists, shall 25 perform all vision exams required by school authorities and 26 shall sign all report forms required by subsection (4) of 27 this Section that pertain to the vision exam. Vision and 28 hearing screening tests, which shall not be considered 29 examinations as that term is used in this Section, shall be 30 conducted in accordance with rules and regulations of the 31 Department of Public Health, and by individuals whom the 32 Department of Public Health has certified. 33 (3) Every child shall, at or about the same time as he 34 or she receives a health examination required by subsection SB823 Engrossed -3- LRB9105925NTmbA 1 (1) of this Section, present to the local school,proof of 2 having received such immunizations against preventable 3 communicable diseases as the Department of Public Health 4 shall require by rules and regulations promulgated pursuant 5 to this Section and the Communicable Disease Prevention Act. 6 (4) The individuals conducting the health examination 7 shall record the fact of having conducted the examination, 8 and such additional information as required, on uniform forms 9 which the Department of Public Health and the State Board of 10 Education shall prescribe for statewide use. The examiner 11 shall summarize on the report form any condition that he or 12 she suspects indicates a need for special services. The 13 individuals confirming the administration of required 14 immunizations shall record as indicated on the form that the 15 immunizations were administered. 16 (5) If a child does not submit proof of having had 17 either the health examination or the immunization as 18 required, then the child shall be examined or receive the 19 immunization, as the case may be, and present proof by 20 October 15 of the current school year, or by an earlier date 21 of the current school year established by a school district. 22 To establish a date before October 15 of the current school 23 year for the health examination or immunization as required, 24 a school district must give notice of the requirements of 25 this Section 60 days prior to the earlier established date. 26 If for medical reasons one or more of the required 27 immunizations must be given after October 15 of the current 28 school year, or after an earlier established date of the 29 current school year, then the child shall present, by October 30 15, or by the earlier established date, a schedule for the 31 administration of the immunizations and a statement of the 32 medical reasons causing the delay, both the schedule and the 33 statement being issued by the physician, registered nurse, or 34 local health department that will be responsible for SB823 Engrossed -4- LRB9105925NTmbA 1 administration of the remaining required immunizations. If a 2 child does not comply by October 15, or by the earlier 3 established date of the current school year, with the 4 requirements of this subsection, then the local school 5 authority shall exclude that child from school until such 6 time as the child presents proof of having had the health 7 examination as required and presents proof of having received 8 those required immunizations which are medically possible to 9 receive immediately. During a child's exclusion from school 10 for noncompliance with this subsection, the child's parents 11 or legal guardian shall be considered in violation of Section 12 26-1 and subject to any penalty imposed by Section 26-10. 13 (6) Every school shall report to the State Board of 14 Education by November 15, in the manner which that agency 15 shall require, the number of children who have received the 16 necessary immunizations and the health examination as 17 required, indicating, of those who have not received the 18 immunizations and examination as required, the number of 19 children who are exempt from health examination and 20 immunization requirements on religious or medical grounds or 21 on grounds of a conscientiously held belief as provided in 22 subsection (8). This reported information shall be provided 23 to the Department of Public Health by the State Board of 24 Education. 25 (7) Upon determining that the number of pupils who are 26 required to be in compliance with subsection (5) of this 27 Section is below 90% of the number of pupils enrolled in the 28 school district, 10% of each State aid payment made pursuant 29 to Section 18-8 to the school district for such year shall be 30 withheld by the regional superintendent until the number of 31 students in compliance with subsection (5) is the applicable 32 specified percentage or higher. 33 (8)Children whoseParents or legal guardians who object 34 to health examinations or any part thereof, or to SB823 Engrossed -5- LRB9105925NTmbA 1 immunizations, on religious grounds or on grounds of a 2 conscientiously held belief shall not be required to submit 3 their children or wards to the examinations or immunizations 4 to which they so object if such parents or legal guardians 5 present to the appropriate local school authority a signed 6 statement of objection, detailing the grounds for the 7 objection. If the physical condition of the child is such 8 that any one or more of the immunizing agents should not be 9 administered, the examining physician responsible for the 10 performance of the health examination shall endorse that fact 11 upon the health examination form. Exempting a child from the 12 health examination does not exempt the child from 13 participation in the program of physical education training 14 provided in Sections 27-5 through 27-7 of this Code. At the 15 time a school notifies a parent or legal guardian of the 16 health examination and immunization requirements, the school 17 shall inform the parent or legal guardian, in writing, that 18 the child may be exempt from the requirements on religious or 19 medical grounds or on grounds of a conscientiously held 20 belief as provided in this subsection (8). 21 (9) For purposes of this Section:,22 "Nursery schools" means those nursery schools operated by 23 elementary school systems or secondary level school units or 24 institutions of higher learning. 25 "Conscientiously held belief" means a deeply held moral 26 sense of right and wrong used as the guide to making a 27 decision or taking an action. 28 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff. 29 8-9-96; revised 3-10-98.) 30 Section 10. The Communicable Disease Prevention Act is 31 amended by changing Section 2 as follows: 32 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12) SB823 Engrossed -6- LRB9105925NTmbA 1 Sec. 2. Rules; application. 2 (a) The Department of Public Health shall promulgate 3 rules and regulations requiring immunization of children 4 against preventable communicable diseases designated by the 5 Director. Before any regulation or amendment thereto is 6 prescribed, the Department shall conduct a public hearing 7 regarding such regulation. In addition, before any regulation 8 or any amendment to a regulation is adopted, and after the 9 Immunization Advisory Committee has made its recommendations, 10 the State Board of Health shall conduct 3 public hearings, 11 geographically distributed throughout the State, regarding 12 the regulation or amendment to the regulation. At the 13 conclusion of the hearings, the State Board of Health shall 14 issue a report, including its recommendations, to the 15 Director. The Director shall take into consideration any 16 comments or recommendations made by the Board based on these 17 hearings. The Department may prescribe additional rules and 18 regulations for immunization forofother diseases as 19 vaccines are developed. 20 (b) The provisions of this Act shall not apply if: 21 1. The parent or guardian of the child objects 22 thereto on the grounds that the administration of 23 immunizing agents conflicts with his or her religious 24 tenets or practices or conscientiously held beliefs; 25 except that if the objection is made on grounds of a 26 conscientiously held belief, the parent or guardian of 27 the child shall submit to the principal of the school 28 that the child is to attend, not later than 45 days 29 before the beginning of the school term, a signed, 30 notarized statement of objection detailing the nature of 31 that conscientiously held belief; or,32 2. A physician employed by the parent or guardian 33 to provide care and treatment to the child states that 34 the physical condition of the child is such that the SB823 Engrossed -7- LRB9105925NTmbA 1 administration of one or more of the required immunizing 2 agents would be detrimental to the health of the child. 3 (c) At the time a person notifies a parent or guardian 4 of the immunization requirement, the person shall inform the 5 parent or guardian, in writing, that the child may be exempt 6 from the requirement on religious or medical grounds or on 7 grounds of a conscientiously held belief as provided under 8 this subsection (b). 9 (c) In this Section, "conscientiously held belief" means 10 a deeply held moral sense of right and wrong used as the 11 guide to making a decision or taking an action. 12 (Source: P.A. 90-607, eff. 6-30-98.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.