Public Act 93-0384

HB3440 Enrolled                      LRB093 05079 LRD 05139 b

    AN ACT concerning vaccinations in health facilities.

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

    Section  5.  The  Life  Care Facilities Act is amended by
adding Section 10.1 as follows:

    (210 ILCS 40/10.1 new)
    Sec. 10.1. Vaccinations.
    (a) A facility shall annually  administer  a  vaccination
against  influenza  to  each resident, in accordance with the
recommendations of the  Advisory  Committee  on  Immunization
Practices  of  the Centers for Disease Control and Prevention
that are most recent to the time of vaccination,  unless  the
vaccination  is medically contraindicated or the resident has
refused the vaccine. Influenza vaccinations for all residents
age 65 and over shall be completed by  November  30  of  each
year  or  as  soon as practicable if vaccine supplies are not
available  before  November  1.  Residents   admitted   after
November  30,  during  the  flu  season, and until February 1
shall,  as  medically  appropriate,  receive   an   influenza
vaccination  prior  to  or  upon  admission  or  as  soon  as
practicable if vaccine supplies are not available at the time
of   the   admission,   unless   the   vaccine  is  medically
contraindicated or the resident has refused the  vaccine.  In
the   event  that  the  Advisory  Committee  on  Immunization
Practices of the Centers for Disease Control  and  Prevention
determines  that  dates  of  administration  other than those
stated in this Act are  optimal  to  protect  the  health  of
residents,  the  Department is authorized to develop rules to
mandate vaccinations at those times  rather  than  the  times
stated  in  this  Act.  A  facility  shall  document  in  the
resident's  medical record that an annual vaccination against
influenza   was   administered,    refused    or    medically
contraindicated.
    (b)   A   facility   shall   provide   or   arrange   for
administration of a pneumococcal vaccination to each resident
who   is   age   65   and   over,   in  accordance  with  the
recommendations of the  Advisory  Committee  on  Immunization
Practices  of the Centers for Disease Control and Prevention,
who has not received  this  immunization  prior  to  or  upon
admission  to  the  facility, unless the resident refuses the
offer  for  vaccination  or  the  vaccination  is   medically
contraindicated. A facility shall document in each resident's
medical   record  that  a  vaccination  against  pneumococcal
pneumonia was offered and administered, refused, or medically
contraindicated.

    Section 10.  The Nursing Home  Care  Act  is  amended  by
changing Section 2-213 as follows:

    (210 ILCS 45/2-213)
    Sec. 2-213.  Vaccinations.
    (a)  A  facility  shall annually administer a vaccination
against influenza to each resident, in  accordance  with  the
recommendations  of  the  Advisory  Committee on Immunization
Practices of the Centers for Disease Control  and  Prevention
that  are  most recent to the time of vaccination, unless the
vaccination is medically contraindicated or the resident  has
refused the vaccine. Influenza vaccinations for all residents
age  65  and  over  shall be completed by November 30 of each
year or as soon as practicable if vaccine  supplies  are  not
available   before   November  1.  Residents  admitted  after
November 30, during the flu  season,  and  until  February  1
shall,   as   medically  appropriate,  receive  an  influenza
vaccination  prior  to  or  upon  admission  or  as  soon  as
practicable if vaccine supplies are not available at the time
of  the  admission,   unless   the   vaccine   is   medically
contraindicated  or  the resident has refused the vaccine. In
the  event  that  the  Advisory  Committee  on   Immunization
Practices  of  the Centers for Disease Control and Prevention
determines that dates  of  administration  other  than  those
stated  in  this  Act  are  optimal  to protect the health of
residents, the Department is authorized to develop  rules  to
mandate  vaccinations  at  those  times rather than the times
stated  in  this  Act.  A  facility  shall  document  in  the
resident's medical record that an annual vaccination  against
influenza    was    administered,    refused   or   medically
contraindicated.
    (b)   A   facility   shall   provide   or   arrange   for
administration of a pneumococcal vaccination to each resident
who  is  age  65   and   over,   in   accordance   with   the
recommendations  of  the  Advisory  Committee on Immunization
Practices of the Centers for Disease Control and  Prevention,
who  has  not  received  this  immunization  prior to or upon
admission to the facility, unless the  resident  refuses  the
offer   for  vaccination  or  the  vaccination  is  medically
contraindicated. A facility shall document in each resident's
medical  record  that  a  vaccination  against   pneumococcal
pneumonia was offered and administered, refused, or medically
contraindicated.   Pneumonia  shots.   Before  a  prospective
resident's  admission to a facility the facility shall advise
the prospective resident to consult a physician to  determine
whether  the prospective resident should obtain a vaccination
against pneumococcal pneumonia.
(Source: P.A. 90-366, eff. 8-10-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.