Public Act 0741 100TH GENERAL ASSEMBLY

SB2866 Enrolled LRB100 19072 MJP 34328 b

Public Act 100-0741

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by changing Section 2310-617 as follows:

(20 ILCS 2310/2310-617)

Sec. 2310-617. Human papillomavirus vaccine.

(a) As used in this Section, "eligible individual" means a female child under the age of 18, and, beginning on January 1, 2020, a male child under the age of 18, who is a resident of Illinois who: (1) is not entitled to receive a human papillomavirus (HPV) vaccination at no cost as a benefit under a plan of health insurance, a managed care plan, or a plan provided by a health maintenance organization, a health services plan corporation, or a similar entity, and (2) meets the requirements established by the Department of Public Health by rule.

(b) Subject to appropriation, the Department of Public Health shall establish and administer a program, commencing no later than July 1, 2011, under which any eligible individual shall, upon the eligible individual's request, receive a series of HPV vaccinations as medically indicated, at no cost to the eligible individual.

(c) The Department of Public Health shall adopt rules for the administration and operation of the program, including, but not limited to: determination of the HPV vaccine formulation to be administered and the method of administration; eligibility requirements and eligibility determinations; and standards and criteria for acquisition and distribution of the HPV vaccine and related supplies. The Department may enter into contracts or agreements with public or private entities for the performance of such duties under the program as the Department may deem appropriate to carry out this Section and its rules adopted under this Section.

(Source: P.A. 95-422, eff. 8-24-07.)

Section 10. The Communicable Disease Prevention Act is amended by changing Section 2e as follows:

(410 ILCS 315/2e)

Sec. 2e. HPV-related Cervical cancer prevention.

(a) Notwithstanding the provisions of Section 2 of this Act, beginning August 1, 2007, the Department of Public Health must provide all female students who are entering sixth grade and their parents or legal guardians written information about the link between human papillomavirus (HPV) and cervical, vulvar, vaginal, penile, anal, and oropharyngeal cancers in males and females, as applicable, and the availability of a HPV vaccine so that they may be protected before ever being exposed to the virus cervical cancer and the availability of a HPV vaccine.

(b) The Director of Public Health shall prescribe the content of the information required in subsection (a) of this Section.

(c) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 95th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 95th General Assembly. The adoption of emergency rules authorized by this subsection (c) is deemed to be necessary for the public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 100th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 100th General Assembly no later than July 1, 2019. The adoption of emergency rules authorized by this subsection (d) is deemed to be necessary for the public interest, safety, and welfare.

(Source: P.A. 95-422, eff. 8-24-07.)

Effective Date: 1/1/2019