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91_SB1931
LRB9112745NTksA
1 AN ACT in relation to immunizations, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Public Health Act is
5 amended by changing Section 8.4 as follows:
6 (20 ILCS 2305/8.4)
7 Sec. 8.4. Immunization Advisory Committee. The Director
8 of Public Health shall appoint an Immunization Advisory
9 Committee to advise the Director on immunization issues. The
10 Director shall take into consideration any comments or
11 recommendations made by the Advisory Committee. The
12 Immunization Advisory Committee shall be composed of the
13 following members with knowledge of immunization issues: a
14 pediatrician, a physician licensed to practice medicine in
15 all its branches, a family physician, an infectious disease
16 specialist from a university based center, 2 representatives
17 of a local health department, a registered nurse, a school
18 nurse, a public health provider, a public health officer or
19 administrator, a representative of a children's hospital, 2
20 representatives of immunization advocacy organizations, a
21 representative from the State Board of Education, and any
22 other individuals or organization representatives designated
23 by the Director. A member of the committee may not contract
24 with or own stock in a pharmaceutical company. A member of
25 the committee may not have his or her expenses paid by a
26 pharmaceutical company. The Director shall designate one of
27 the Advisory Committee members to serve as the Chairperson of
28 the Advisory Committee.
29 (Source: P.A. 90-607, eff. 6-30-98.)
30 Section 10. The School Code is amended by changing
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1 Section 27-8.1 as follows:
2 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
3 Sec. 27-8.1. Health examinations and immunizations.
4 (1) In compliance with rules and regulations which the
5 Department of Public Health shall promulgate, and except as
6 hereinafter provided, all children in Illinois shall have a
7 health examination as follows: within one year prior to
8 entering kindergarten or the first grade of any public,
9 private, or parochial elementary school; upon entering the
10 fifth and ninth grades of any public, private, or parochial
11 school; prior to entrance into any public, private, or
12 parochial nursery school; and, irrespective of grade,
13 immediately prior to or upon entrance into any public,
14 private, or parochial school or nursery school, each child
15 shall present proof of having been examined in accordance
16 with this Section and the rules and regulations promulgated
17 hereunder.
18 A tuberculosis skin test screening shall be included as a
19 required part of each health examination included under this
20 Section if the child resides in an area designated by the
21 Department of Public Health as having a high incidence of
22 tuberculosis. Additional health examinations of pupils,
23 including dental and vision examinations, may be required
24 when deemed necessary by school authorities. Parents are
25 encouraged to have their children undergo dental examinations
26 at the same points in time required for health examinations.
27 (2) The Department of Public Health shall promulgate
28 rules and regulations specifying the examinations and
29 procedures that constitute a health examination and may
30 recommend by rule that certain additional examinations be
31 performed. The rules and regulations of the Department of
32 Public Health shall specify that a tuberculosis skin test
33 screening shall be included as a required part of each health
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1 examination included under this Section if the child resides
2 in an area designated by the Department of Public Health as
3 having a high incidence of tuberculosis.
4 Physicians licensed to practice medicine in all of its
5 branches shall be responsible for the performance of the
6 health examinations, other than dental examinations and
7 vision and hearing screening, and shall sign all report forms
8 required by subsection (4) of this Section that pertain to
9 those portions of the health examination for which the
10 physician is responsible. If a registered nurse performs any
11 part of a health examination, then a physician licensed to
12 practice medicine in all of its branches must review and sign
13 all required report forms. Licensed dentists shall perform
14 all dental examinations and shall sign all report forms
15 required by subsection (4) of this Section that pertain to
16 the dental examinations. Physicians licensed to practice
17 medicine in all its branches, or licensed optometrists, shall
18 perform all vision exams required by school authorities and
19 shall sign all report forms required by subsection (4) of
20 this Section that pertain to the vision exam. Vision and
21 hearing screening tests, which shall not be considered
22 examinations as that term is used in this Section, shall be
23 conducted in accordance with rules and regulations of the
24 Department of Public Health, and by individuals whom the
25 Department of Public Health has certified.
26 (3) Every child shall, at or about the same time as he
27 or she receives a health examination required by subsection
28 (1) of this Section, present to the local school proof of
29 having received such immunizations against preventable
30 communicable diseases as the Department of Public Health
31 shall require by rules and regulations promulgated pursuant
32 to this Section and the Communicable Disease Prevention Act.
33 (4) The individuals conducting the health examination
34 shall record the fact of having conducted the examination,
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1 and such additional information as required, on uniform forms
2 which the Department of Public Health and the State Board of
3 Education shall prescribe for statewide use. The examiner
4 shall summarize on the report form any condition that he or
5 she suspects indicates a need for special services. The
6 individuals confirming the administration of required
7 immunizations shall record as indicated on the form that the
8 immunizations were administered.
9 (5) If a child does not submit proof of having had
10 either the health examination or the immunization as
11 required, then the child shall be examined or receive the
12 immunization, as the case may be, and present proof by
13 October 15 of the current school year, or by an earlier date
14 of the current school year established by a school district.
15 To establish a date before October 15 of the current school
16 year for the health examination or immunization as required,
17 a school district must give notice of the requirements of
18 this Section 60 days prior to the earlier established date.
19 If for medical reasons one or more of the required
20 immunizations must be given after October 15 of the current
21 school year, or after an earlier established date of the
22 current school year, then the child shall present, by October
23 15, or by the earlier established date, a schedule for the
24 administration of the immunizations and a statement of the
25 medical reasons causing the delay, both the schedule and the
26 statement being issued by the physician, registered nurse, or
27 local health department that will be responsible for
28 administration of the remaining required immunizations. If a
29 child does not comply by October 15, or by the earlier
30 established date of the current school year, with the
31 requirements of this subsection, then the local school
32 authority shall exclude that child from school until such
33 time as the child presents proof of having had the health
34 examination as required and presents proof of having received
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1 those required immunizations which are medically possible to
2 receive immediately. During a child's exclusion from school
3 for noncompliance with this subsection, the child's parents
4 or legal guardian shall be considered in violation of Section
5 26-1 and subject to any penalty imposed by Section 26-10.
6 (6) Every school shall report to the State Board of
7 Education by November 15, in the manner which that agency
8 shall require, the number of children who have received the
9 necessary immunizations and the health examination as
10 required, indicating, of those who have not received the
11 immunizations and examination as required, the number of
12 children who are exempt from health examination and
13 immunization requirements on religious or medical grounds as
14 provided in subsection (8) and the number of children who are
15 exempt from immunization requirements on grounds of a
16 conscientiously held belief as provided in subsection (8).
17 This reported information shall be provided to the Department
18 of Public Health by the State Board of Education.
19 (7) Upon determining that the number of pupils who are
20 required to be in compliance with subsection (5) of this
21 Section is below 90% of the number of pupils enrolled in the
22 school district, 10% of each State aid payment made pursuant
23 to Section 18-8 to the school district for such year shall be
24 withheld by the regional superintendent until the number of
25 students in compliance with subsection (5) is the applicable
26 specified percentage or higher.
27 (8) Parents or legal guardians who object to health
28 examinations or any part thereof, or to immunizations, on
29 religious grounds or who object to immunizations on grounds
30 of a conscientiously held belief shall not be required to
31 submit their children or wards to the examinations or
32 immunizations to which they so object if such parents or
33 legal guardians present to the appropriate local school
34 authority a signed statement of objection, detailing the
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1 grounds for the objection. If the physical condition of the
2 child is such that any one or more of the immunizing agents
3 should not be administered, the examining physician
4 responsible for the performance of the health examination
5 shall endorse that fact upon the health examination form.
6 Exempting a child from the health examination does not exempt
7 the child from participation in the program of physical
8 education training provided in Sections 27-5 through 27-7 of
9 this Code. At the time a school notifies a parent or legal
10 guardian of the health examination and immunization
11 requirements, the school shall inform the parent or legal
12 guardian, in writing, that the child may be exempt from the
13 requirements on religious or medical grounds or on grounds of
14 a conscientiously held belief as provided in this subsection
15 (8). The State Board of Education must, by rule, develop
16 procedures to implement the exemptions authorized in this
17 Section uniformly in all the school districts in the State.
18 (9) For the purposes of this Section:,
19 "Nursery schools" means those nursery schools operated by
20 elementary school systems or secondary level school units or
21 institutions of higher learning.
22 "Conscientiously held belief" means a deeply held moral
23 sense of right and wrong used as the guide to making a
24 decision or taking an action.
25 (Source: P.A. 91-357, eff. 7-29-99.)
26 Section 15. The Communicable Disease Prevention Act is
27 amended by changing Section 2 as follows:
28 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
29 Sec. 2. Rules; application; immunizations.
30 (a) The Department of Public Health shall promulgate
31 rules and regulations requiring immunization of children
32 against preventable communicable diseases designated by the
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1 Director. The Director may not require immunization against a
2 new preventable communicable disease after the effective date
3 of this amendatory Act of the 91st General Assembly unless
4 specifically directed to by statute enacted by the General
5 Assembly after the effective date of this amendatory Act of
6 the 91st General Assembly. Before any regulation or amendment
7 thereto is prescribed, the Department shall conduct a public
8 hearing regarding such regulation. In addition, before any
9 regulation or any amendment to a regulation is adopted, and
10 after the Immunization Advisory Committee has made its
11 recommendations, the State Board of Health shall conduct 3
12 public hearings, geographically distributed throughout the
13 State, regarding the regulation or amendment to the
14 regulation. At the conclusion of the hearings, the State
15 Board of Health shall issue a report, including its
16 recommendations, to the Director. The Director shall take
17 into consideration any comments or recommendations made by
18 the Board based on these hearings. The Department may
19 prescribe additional rules and regulations for immunization
20 for of other diseases as vaccines are developed.
21 (b) The provisions of this Act shall not apply if:
22 1. The parent or guardian of the child objects thereto
23 on the grounds that the administration of immunizing agents
24 conflicts with his or her religious tenets or practices or
25 conscientiously held beliefs; or,
26 2. A physician employed by the parent or guardian to
27 provide care and treatment to the child states that the
28 physical condition of the child is such that the
29 administration of one or more of the required immunizing
30 agents would be detrimental to the health of the child.
31 (c) At the time a person notifies a parent or guardian
32 of the immunization requirement, the person shall inform the
33 parent or guardian, in writing, that the child may be exempt
34 from the requirement on religious or medical grounds or on
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1 grounds of a conscientiously held belief as provided under
2 subsection (b).
3 (d) Employment may not be conditioned on the receipt of
4 immunization for hepatitis B.
5 (e) An employer of health care professionals who
6 administer immunizations must inform the health care
7 professionals, in writing, that a child may be exempt from
8 immunization requirements on religious or medical grounds or
9 on grounds of a conscientiously held belief as provided under
10 subsection (b) of this Section.
11 (f) In this Section, "conscientiously held belief" means
12 a deeply held moral sense of right and wrong used as the
13 guide to making a decision or taking an action.
14 (Source: P.A. 90-607, eff. 6-30-98.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.