Public Act 093-0966
 		





SB2940 Enrolled
LRB093 20927 RXD 46904 b






    AN ACT concerning public health.

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


 
    Section 5. The School Code is amended  by changing Section 
27-8.1 as follows:
 



    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)



    Sec. 27-8.1. Health examinations and immunizations. 

    (1) In compliance with rules and regulations which the 
Department of Public
Health shall promulgate, and except as 
hereinafter provided, all children in
Illinois shall have a 
health examination as follows: within one year prior to

entering kindergarten or the first grade of any public, 
private, or parochial
elementary school; upon entering the 
fifth and ninth grades of any public,
private, or parochial 
school; prior to entrance into any public, private, or

parochial nursery school; and, irrespective of grade, 
immediately prior to or
upon entrance into any public, private, 
or parochial school or nursery school,
each child shall present 
proof of having been examined in accordance with this
Section 
and the rules and regulations promulgated hereunder.

    A tuberculosis skin test screening shall be included as a 
required part of
each health examination included under this 
Section if the child resides in an
area designated by the 
Department of Public Health as having a high incidence
of 
tuberculosis.  Additional health examinations of pupils, 
including dental
and vision examinations, may be required when 
deemed necessary by school
authorities.  Parents are encouraged 
to have their children undergo dental
and vision examinations 
at the same points in time required for health
examinations.

    (2) The Department of Public Health shall promulgate rules 
and regulations
specifying the examinations and procedures 
that constitute a health examination, which shall include the 
collection of data relating to obesity, including at a minimum, 
date of birth, gender, height, weight, blood pressure, and date 
of exam,
and may recommend by rule that certain additional 
examinations be performed.
The rules and regulations of the 
Department of Public Health shall specify that
a tuberculosis 
skin test screening shall be included as a required part of 
each
health examination included under this Section if the 
child resides in an area
designated by the Department of Public 
Health as having a high incidence of
tuberculosis.
The 
Department of Public Health shall specify that a diabetes

screening as defined by rule shall be included as a required 
part of each
health examination.
Diabetes testing is not 
required.

    Physicians licensed to practice medicine in all of its 
branches, advanced
practice nurses who have a written 
collaborative agreement with
a collaborating physician which 
authorizes them to perform health
examinations, or physician 
assistants who have been delegated the
performance of health 
examinations by their supervising physician
shall be

responsible for the performance of the health examinations, 
other than dental
examinations and vision and hearing 
screening, and shall sign all report forms
required by 
subsection (4) of this Section that pertain to those portions 
of
the health examination for which the physician, advanced 
practice nurse, or
physician assistant is responsible.
 If a 
registered
nurse performs any part of a health examination, 
then a physician licensed to
practice medicine in all of its 
branches must review and sign all required
report forms.  
Licensed dentists shall perform all dental examinations and

shall sign all report forms required by subsection (4) of this 
Section that
pertain to the dental examinations.  Physicians 
licensed to practice medicine
in all its branches, or licensed 
optometrists, shall perform all vision exams
required by school 
authorities and shall sign all report forms required by

subsection (4) of this Section that pertain to the vision exam.  
Vision and
hearing screening tests, which shall not be 
considered examinations as that
term is used in this Section, 
shall be conducted in accordance with rules and
regulations of 
the Department of Public Health, and by individuals whom the

Department of Public Health has certified.
In these rules and 
regulations, the Department of Public Health shall
require that 
individuals conducting vision screening tests give a child's

parent or guardian written notification, before the vision 
screening is
conducted, that states, "Vision screening is not a 
substitute for a
complete eye and vision evaluation by an eye 
doctor. Your child is not
required to undergo this vision 
screening if an optometrist or
ophthalmologist has completed 
and signed a report form indicating that
an examination has 
been administered within the previous 12 months."

    (3) Every child shall, at or about the same time as he or 
she receives
a health examination required by subsection (1) of 
this Section, present
to the local school proof of having 
received such immunizations against
preventable communicable 
diseases as the Department of Public Health shall
require by 
rules and regulations promulgated pursuant to this Section and 
the
Communicable Disease Prevention Act.

    (4) The individuals conducting the health examination 
shall record the
fact of having conducted the examination, and 
such additional information as
required, including data 
relating to obesity, including at a minimum, date of birth, 
gender, height, weight, blood pressure, and date of exam, on 
uniform forms which the Department of Public Health and the 
State
Board of Education shall prescribe for statewide use.  The 
examiner shall
summarize on the report form any condition that 
he or she suspects indicates a
need for special services, 
including factors relating to obesity.  The individuals 
confirming the administration of
required immunizations shall 
record as indicated on the form that the
immunizations were 
administered.

    (5) If a child does not submit proof of having had either 
the health
examination or the immunization as required, then 
the child shall be examined
or receive the immunization, as the 
case may be, and present proof by October
15 of the current 
school year, or by an earlier date of the current school year

established by a school district.  To establish a date before 
October 15 of the
current school year for the health 
examination or immunization as required, a
school district must 
give notice of the requirements of this Section 60 days
prior 
to the earlier established date.  If for medical reasons one or 
more of
the required immunizations must be given after October 
15 of the current school
year, or after an earlier established 
date of the current school year, then
the child shall present, 
by October 15, or by the earlier established date, a
schedule 
for the administration of the immunizations and a statement of 
the
medical reasons causing the delay, both the schedule and 
the statement being
issued by the physician, advanced practice 
nurse, physician assistant,
registered nurse, or local health 
department that will
be responsible for administration of the 
remaining required immunizations.  If
a child does not comply by 
October 15, or by the earlier established date of
the current 
school year, with the requirements of this subsection, then the

local school authority shall exclude that child from school 
until such time as
the child presents proof of having had the 
health examination as required and
presents proof of having 
received those required immunizations which are
medically 
possible to receive immediately.  During a child's exclusion 
from
school for noncompliance with this subsection, the child's 
parents or legal
guardian shall be considered in violation of 
Section 26-1 and subject to any
penalty imposed by Section 
26-10.

    (6) Every school shall report to the State Board of 
Education by November
15, in the manner which that agency shall 
require, the number of children who
have received the necessary 
immunizations and the health examination as
required, 
indicating, of those who have not received the immunizations 
and
examination as required, the number of children who are 
exempt from health
examination and immunization requirements 
on religious or medical grounds as
provided in subsection (8).  
This reported information shall be provided to the
Department 
of Public Health by the State Board of Education.

    (7) Upon determining that the number of pupils who are 
required to be in
compliance with subsection (5) of this 
Section is below 90% of the number of
pupils enrolled in the 
school district, 10% of each State aid payment made
pursuant to 
Section 18-8 to the school district for such year shall be 
withheld
by the regional superintendent until the number of 
students in compliance with
subsection (5) is the applicable 
specified percentage or higher.

    (8) Parents or legal guardians who object to health

examinations or any part thereof, or to immunizations, on 
religious grounds
shall not be required to submit their 
children or wards to the examinations
or immunizations to which 
they so object if such parents or legal guardians
present to 
the appropriate local school authority a signed statement of

objection, detailing the grounds for the objection.  If the 
physical condition
of the child is such that any one or more of 
the immunizing agents should not
be administered, the examining 
physician, advanced practice nurse, or
physician assistant 
responsible for the performance of the
health examination shall 
endorse that fact upon the health examination form.
Exempting a 
child from the health examination does not exempt the child 
from
participation in the program of physical education 
training provided in
Sections 27-5 through 27-7 of this Code.

    (9) For the purposes of this Section, "nursery schools" 
means those nursery
schools operated by elementary school 
systems or secondary level school units
or institutions of 
higher learning.

(Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; 
93-530, eff.
1-1-04; revised 9-11-03.)

 
    Section 10. The Illinois Health Statistics Act is amended  
by changing Section 4 as follows:
 



    (410 ILCS 520/4)  (from Ch. 111 1/2, par. 5604)



    Sec. 4. (a) In carrying out the purposes of this Act, the 
Department may: 

    (1) Collect and maintain health data on:

    (i) The extent, nature, and impact of illness, including 
factors relating to obesity and disability on the population
of 
the State;

    (ii) The determinants of health and health hazards 
including obesity;

    (iii) Health resources, including the extent of available 
manpower and resources;

    (iv) Utilization of health care;

    (v) Health care costs and financing; and

    (vi) Other health or health-related matters.

    (2) Undertake and support research, demonstrations, and 
evaluations respecting
new or improved methods for obtaining 
current data on the matters referred
to in subparagraph (1).

    (b) The Department may collect health data under authority 
granted by
any unit of local government and on behalf of other 
governmental or not-for-profit
organizations, including data 
collected by local schools and the State Board of Education 
relating to obesity on the health examination form required 
pursuant to Section 27-8.1 of the School Code. The data shall 
be de-identified and aggregated pursuant to rules promulgated 
by the Department to prevent disclosure of personal identifying 
information.

    (c) The Department shall collect data only on a voluntary 
basis from individuals
and organizations, except when there is 
specific legal authority to compel
the mandatory reporting of 
the health data so requested. In making any collection
of 
health data from an individual or organization the Department 
must give
to such individual or organization a written 
statement which states:

    (1) Whether the individual or organization is required to 
respond, and
any sanctions for noncompliance;

    (2) The purposes for which the health data are being 
collected; and

    (3) In the case of any disclosure of identifiable health 
data for other
than research and statistical purposes, the 
items to be disclosed, to whom
the data are to be disclosed and 
the purposes for which the data are to be disclosed.

    (d) Except as provided in Section 5, no health data 
obtained in the course
of activities undertaken or supported 
under this Act may be used for any purpose
other than the 
purpose for which they were supplied or for which the 
individual
or organization described in the data has otherwise 
consented.

    (e) The Department shall take such actions as may be 
necessary to assure
that statistics developed under this Act 
are of high quality, timely, comprehensive,
as well as 
specific, standardized and adequately analyzed and indexed.

    (f) The Department shall take such action as is appropriate 
to effect
the coordination of health data activities, including 
health data specifically relating to obesity collected 
pursuant to Section 27-8.1 of the School Code, within the State 
to eliminate
unnecessary duplication of data collection and 
maximize the usefulness of
data collected.

    (g) The Department shall (1) participate with state, local 
and federal
agencies in the design and implementation of a 
cooperative system for producing
comparable and uniform health 
information and statistics at the federal,
state, and local 
levels; and (2) undertake and support research, development,

demonstrations, and evaluations respecting such cooperative 
system.

(Source: P.A. 82-215.)