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91_HB1228
LRB9104243NTsb
1 AN ACT in relation to immunizations for school children,
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 that which
10 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.
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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
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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
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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 whose Parents or legal guardians who object
34 to health examinations or any part thereof, or to
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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.
15 (9) For the purposes of this Section, "nursery schools"
16 means those nursery schools operated by elementary school
17 systems or secondary level school units or institutions of
18 higher learning.
19 (Source: P.A. 88-149; 89-618, eff. 8-9-96; 89-626, eff.
20 8-9-96; revised 3-10-98.)
21 Section 10. The Communicable Disease Prevention Act is
22 amended by changing Section 2 as follows:
23 (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
24 Sec. 2. Rules; application; Task Force.
25 (a) The Department of Public Health shall promulgate
26 rules and regulations requiring immunization of children
27 against preventable communicable diseases designated by the
28 Director. Before any regulation or amendment thereto is
29 prescribed, the Department shall conduct a public hearing
30 regarding such regulation. In addition, before any regulation
31 or any amendment to a regulation is adopted, and after the
32 Immunization Advisory Committee has made its recommendations,
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1 the State Board of Health shall conduct 3 public hearings,
2 geographically distributed throughout the State, regarding
3 the regulation or amendment to the regulation. At the
4 conclusion of the hearings, the State Board of Health shall
5 issue a report, including its recommendations, to the
6 Director. The Director shall take into consideration any
7 comments or recommendations made by the Board based on these
8 hearings. The Department may prescribe additional rules and
9 regulations for immunization for of other diseases as
10 vaccines are developed.
11 (b) The provisions of this Act shall not apply if:
12 1. The parent or guardian of the child objects
13 thereto on the grounds that the administration of
14 immunizing agents conflicts with his or her religious
15 tenets or practices or conscientiously held beliefs;
16 except that if the objection is made on grounds of a
17 conscientiously held belief, the parent or guardian of
18 the child shall submit to the principal of the school
19 that the child is to attend, not later than 45 days
20 before the beginning of the school term, a signed,
21 notarized statement of objection detailing the nature of
22 that conscientiously held belief; or,
23 2. A physician employed by the parent or guardian
24 to provide care and treatment to the child states that
25 the physical condition of the child is such that the
26 administration of one or more of the required immunizing
27 agents would be detrimental to the health of the child.
28 (c) There is created the Immunization Task Force, which
29 shall consist of 12 persons. The President and Minority
30 Leader of the Senate and the Speaker and Minority Leader of
31 the House of Representatives shall each appoint to the Task
32 Force one legislator and one parent or guardian of a child
33 required to be immunized. The remaining 4 members of the
34 Task Force shall be appointed by the Director of Public
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1 Health. The legislative members appointed by the Senate
2 President and the Speaker of the House shall serve as
3 co-chairs of the Task Force.
4 The Immunization Task Force shall review the process by
5 which the Department of Public Health establishes and revises
6 immunization requirements under this Act and Section 27-8.1
7 of the School Code. The Immunization Task Force shall report
8 its findings and recommendations to the Department and the
9 General Assembly by February 1, 2000.
10 (Source: P.A. 90-607, eff. 6-30-98.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.