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Full Text of HB3811  100th General Assembly

HB3811 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3811

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-8.1  from Ch. 122, par. 27-8.1

    Amends the School Code. Provides that if a school discovers that a physician, advanced practice nurse, or physician assistant refuses to conduct a developmental screening or the social and emotional screening despite the request of a parent or legal guardian, the school shall report the refusal to the Department of Financial and Professional Regulation and the Department shall impose a $500 civil penalty on the physician, advanced practice nurse, or physician assistant who refused to complete the screenings. Effective June 1, 2017.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
527-8.1 as follows:
 
6    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
7    (Text of Section before amendment by P.A. 99-927)
8    Sec. 27-8.1. Health examinations and immunizations.
9    (1) In compliance with rules and regulations which the
10Department of Public Health shall promulgate, and except as
11hereinafter provided, all children in Illinois shall have a
12health examination as follows: within one year prior to
13entering kindergarten or the first grade of any public,
14private, or parochial elementary school; upon entering the
15sixth and ninth grades of any public, private, or parochial
16school; prior to entrance into any public, private, or
17parochial nursery school; and, irrespective of grade,
18immediately prior to or upon entrance into any public, private,
19or parochial school or nursery school, each child shall present
20proof of having been examined in accordance with this Section
21and the rules and regulations promulgated hereunder. Any child
22who received a health examination within one year prior to
23entering the fifth grade for the 2007-2008 school year is not

 

 

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1required to receive an additional health examination in order
2to comply with the provisions of Public Act 95-422 when he or
3she attends school for the 2008-2009 school year, unless the
4child is attending school for the first time as provided in
5this paragraph.
6    A tuberculosis skin test screening shall be included as a
7required part of each health examination included under this
8Section if the child resides in an area designated by the
9Department of Public Health as having a high incidence of
10tuberculosis. Additional health examinations of pupils,
11including eye examinations, may be required when deemed
12necessary by school authorities. Parents are encouraged to have
13their children undergo eye examinations at the same points in
14time required for health examinations.
15    (1.5) In compliance with rules adopted by the Department of
16Public Health and except as otherwise provided in this Section,
17all children in kindergarten and the second and sixth grades of
18any public, private, or parochial school shall have a dental
19examination. Each of these children shall present proof of
20having been examined by a dentist in accordance with this
21Section and rules adopted under this Section before May 15th of
22the school year. If a child in the second or sixth grade fails
23to present proof by May 15th, the school may hold the child's
24report card until one of the following occurs: (i) the child
25presents proof of a completed dental examination or (ii) the
26child presents proof that a dental examination will take place

 

 

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1within 60 days after May 15th. The Department of Public Health
2shall establish, by rule, a waiver for children who show an
3undue burden or a lack of access to a dentist. Each public,
4private, and parochial school must give notice of this dental
5examination requirement to the parents and guardians of
6students at least 60 days before May 15th of each school year.
7    (1.10) Except as otherwise provided in this Section, all
8children enrolling in kindergarten in a public, private, or
9parochial school on or after the effective date of this
10amendatory Act of the 95th General Assembly and any student
11enrolling for the first time in a public, private, or parochial
12school on or after the effective date of this amendatory Act of
13the 95th General Assembly shall have an eye examination. Each
14of these children shall present proof of having been examined
15by a physician licensed to practice medicine in all of its
16branches or a licensed optometrist within the previous year, in
17accordance with this Section and rules adopted under this
18Section, before October 15th of the school year. If the child
19fails to present proof by October 15th, the school may hold the
20child's report card until one of the following occurs: (i) the
21child presents proof of a completed eye examination or (ii) the
22child presents proof that an eye examination will take place
23within 60 days after October 15th. The Department of Public
24Health shall establish, by rule, a waiver for children who show
25an undue burden or a lack of access to a physician licensed to
26practice medicine in all of its branches who provides eye

 

 

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1examinations or to a licensed optometrist. Each public,
2private, and parochial school must give notice of this eye
3examination requirement to the parents and guardians of
4students in compliance with rules of the Department of Public
5Health. Nothing in this Section shall be construed to allow a
6school to exclude a child from attending because of a parent's
7or guardian's failure to obtain an eye examination for the
8child.
9    (2) The Department of Public Health shall promulgate rules
10and regulations specifying the examinations and procedures
11that constitute a health examination, which shall include the
12collection of data relating to obesity (including at a minimum,
13date of birth, gender, height, weight, blood pressure, and date
14of exam), and a dental examination and may recommend by rule
15that certain additional examinations be performed. The rules
16and regulations of the Department of Public Health shall
17specify that a tuberculosis skin test screening shall be
18included as a required part of each health examination included
19under this Section if the child resides in an area designated
20by the Department of Public Health as having a high incidence
21of tuberculosis. The Department of Public Health shall specify
22that a diabetes screening as defined by rule shall be included
23as a required part of each health examination. Diabetes testing
24is not required.
25    Physicians licensed to practice medicine in all of its
26branches, licensed advanced practice nurses, or licensed

 

 

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1physician assistants shall be responsible for the performance
2of the health examinations, other than dental examinations, eye
3examinations, and vision and hearing screening, and shall sign
4all report forms required by subsection (4) of this Section
5that pertain to those portions of the health examination for
6which the physician, advanced practice nurse, or physician
7assistant is responsible. If a registered nurse performs any
8part of a health examination, then a physician licensed to
9practice medicine in all of its branches must review and sign
10all required report forms. Licensed dentists shall perform all
11dental examinations and shall sign all report forms required by
12subsection (4) of this Section that pertain to the dental
13examinations. Physicians licensed to practice medicine in all
14its branches or licensed optometrists shall perform all eye
15examinations required by this Section and shall sign all report
16forms required by subsection (4) of this Section that pertain
17to the eye examination. For purposes of this Section, an eye
18examination shall at a minimum include history, visual acuity,
19subjective refraction to best visual acuity near and far,
20internal and external examination, and a glaucoma evaluation,
21as well as any other tests or observations that in the
22professional judgment of the doctor are necessary. Vision and
23hearing screening tests, which shall not be considered
24examinations as that term is used in this Section, shall be
25conducted in accordance with rules and regulations of the
26Department of Public Health, and by individuals whom the

 

 

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1Department of Public Health has certified. In these rules and
2regulations, the Department of Public Health shall require that
3individuals conducting vision screening tests give a child's
4parent or guardian written notification, before the vision
5screening is conducted, that states, "Vision screening is not a
6substitute for a complete eye and vision evaluation by an eye
7doctor. Your child is not required to undergo this vision
8screening if an optometrist or ophthalmologist has completed
9and signed a report form indicating that an examination has
10been administered within the previous 12 months."
11    (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1) of
13this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18    (4) The individuals conducting the health examination,
19dental examination, or eye examination shall record the fact of
20having conducted the examination, and such additional
21information as required, including for a health examination
22data relating to obesity (including at a minimum, date of
23birth, gender, height, weight, blood pressure, and date of
24exam), on uniform forms which the Department of Public Health
25and the State Board of Education shall prescribe for statewide
26use. The examiner shall summarize on the report form any

 

 

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1condition that he or she suspects indicates a need for special
2services, including for a health examination factors relating
3to obesity. The individuals confirming the administration of
4required immunizations shall record as indicated on the form
5that the immunizations were administered.
6    (5) If a child does not submit proof of having had either
7the health examination or the immunization as required, then
8the child shall be examined or receive the immunization, as the
9case may be, and present proof by October 15 of the current
10school year, or by an earlier date of the current school year
11established by a school district. To establish a date before
12October 15 of the current school year for the health
13examination or immunization as required, a school district must
14give notice of the requirements of this Section 60 days prior
15to the earlier established date. If for medical reasons one or
16more of the required immunizations must be given after October
1715 of the current school year, or after an earlier established
18date of the current school year, then the child shall present,
19by October 15, or by the earlier established date, a schedule
20for the administration of the immunizations and a statement of
21the medical reasons causing the delay, both the schedule and
22the statement being issued by the physician, advanced practice
23nurse, physician assistant, registered nurse, or local health
24department that will be responsible for administration of the
25remaining required immunizations. If a child does not comply by
26October 15, or by the earlier established date of the current

 

 

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1school year, with the requirements of this subsection, then the
2local school authority shall exclude that child from school
3until such time as the child presents proof of having had the
4health examination as required and presents proof of having
5received those required immunizations which are medically
6possible to receive immediately. During a child's exclusion
7from school for noncompliance with this subsection, the child's
8parents or legal guardian shall be considered in violation of
9Section 26-1 and subject to any penalty imposed by Section
1026-10. This subsection (5) does not apply to dental
11examinations and eye examinations. If the student is an
12out-of-state transfer student and does not have the proof
13required under this subsection (5) before October 15 of the
14current year or whatever date is set by the school district,
15then he or she may only attend classes (i) if he or she has
16proof that an appointment for the required vaccinations has
17been scheduled with a party authorized to submit proof of the
18required vaccinations. If the proof of vaccination required
19under this subsection (5) is not submitted within 30 days after
20the student is permitted to attend classes, then the student is
21not to be permitted to attend classes until proof of the
22vaccinations has been properly submitted. No school district or
23employee of a school district shall be held liable for any
24injury or illness to another person that results from admitting
25an out-of-state transfer student to class that has an
26appointment scheduled pursuant to this subsection (5).

 

 

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1    (6) Every school shall report to the State Board of
2Education by November 15, in the manner which that agency shall
3require, the number of children who have received the necessary
4immunizations and the health examination (other than a dental
5examination or eye examination) as required, indicating, of
6those who have not received the immunizations and examination
7as required, the number of children who are exempt from health
8examination and immunization requirements on religious or
9medical grounds as provided in subsection (8). On or before
10December 1 of each year, every public school district and
11registered nonpublic school shall make publicly available the
12immunization data they are required to submit to the State
13Board of Education by November 15. The immunization data made
14publicly available must be identical to the data the school
15district or school has reported to the State Board of
16Education.
17    Every school shall report to the State Board of Education
18by June 30, in the manner that the State Board requires, the
19number of children who have received the required dental
20examination, indicating, of those who have not received the
21required dental examination, the number of children who are
22exempt from the dental examination on religious grounds as
23provided in subsection (8) of this Section and the number of
24children who have received a waiver under subsection (1.5) of
25this Section.
26    Every school shall report to the State Board of Education

 

 

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1by June 30, in the manner that the State Board requires, the
2number of children who have received the required eye
3examination, indicating, of those who have not received the
4required eye examination, the number of children who are exempt
5from the eye examination as provided in subsection (8) of this
6Section, the number of children who have received a waiver
7under subsection (1.10) of this Section, and the total number
8of children in noncompliance with the eye examination
9requirement.
10    The reported information under this subsection (6) shall be
11provided to the Department of Public Health by the State Board
12of Education.
13    (7) Upon determining that the number of pupils who are
14required to be in compliance with subsection (5) of this
15Section is below 90% of the number of pupils enrolled in the
16school district, 10% of each State aid payment made pursuant to
17Section 18-8.05 to the school district for such year may be
18withheld by the State Board of Education until the number of
19students in compliance with subsection (5) is the applicable
20specified percentage or higher.
21    (8) Children of parents or legal guardians who object to
22health, dental, or eye examinations or any part thereof, to
23immunizations, or to vision and hearing screening tests on
24religious grounds shall not be required to undergo the
25examinations, tests, or immunizations to which they so object
26if such parents or legal guardians present to the appropriate

 

 

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1local school authority a signed Certificate of Religious
2Exemption detailing the grounds for objection and the specific
3immunizations, tests, or examinations to which they object. The
4grounds for objection must set forth the specific religious
5belief that conflicts with the examination, test,
6immunization, or other medical intervention. The signed
7certificate shall also reflect the parent's or legal guardian's
8understanding of the school's exclusion policies in the case of
9a vaccine-preventable disease outbreak or exposure. The
10certificate must also be signed by the authorized examining
11health care provider responsible for the performance of the
12child's health examination confirming that the provider
13provided education to the parent or legal guardian on the
14benefits of immunization and the health risks to the student
15and to the community of the communicable diseases for which
16immunization is required in this State. However, the health
17care provider's signature on the certificate reflects only that
18education was provided and does not allow a health care
19provider grounds to determine a religious exemption. Those
20receiving immunizations required under this Code shall be
21provided with the relevant vaccine information statements that
22are required to be disseminated by the federal National
23Childhood Vaccine Injury Act of 1986, which may contain
24information on circumstances when a vaccine should not be
25administered, prior to administering a vaccine. A healthcare
26provider may consider including without limitation the

 

 

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1nationally accepted recommendations from federal agencies such
2as the Advisory Committee on Immunization Practices, the
3information outlined in the relevant vaccine information
4statement, and vaccine package inserts, along with the
5healthcare provider's clinical judgment, to determine whether
6any child may be more susceptible to experiencing an adverse
7vaccine reaction than the general population, and, if so, the
8healthcare provider may exempt the child from an immunization
9or adopt an individualized immunization schedule. The
10Certificate of Religious Exemption shall be created by the
11Department of Public Health and shall be made available and
12used by parents and legal guardians by the beginning of the
132015-2016 school year. Parents or legal guardians must submit
14the Certificate of Religious Exemption to their local school
15authority prior to entering kindergarten, sixth grade, and
16ninth grade for each child for which they are requesting an
17exemption. The religious objection stated need not be directed
18by the tenets of an established religious organization.
19However, general philosophical or moral reluctance to allow
20physical examinations, eye examinations, immunizations, vision
21and hearing screenings, or dental examinations does not provide
22a sufficient basis for an exception to statutory requirements.
23The local school authority is responsible for determining if
24the content of the Certificate of Religious Exemption
25constitutes a valid religious objection. The local school
26authority shall inform the parent or legal guardian of

 

 

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1exclusion procedures, in accordance with the Department's
2rules under Part 690 of Title 77 of the Illinois Administrative
3Code, at the time the objection is presented.
4    If the physical condition of the child is such that any one
5or more of the immunizing agents should not be administered,
6the examining physician, advanced practice nurse, or physician
7assistant responsible for the performance of the health
8examination shall endorse that fact upon the health examination
9form.
10    Exempting a child from the health, dental, or eye
11examination does not exempt the child from participation in the
12program of physical education training provided in Sections
1327-5 through 27-7 of this Code.
14    (9) For the purposes of this Section, "nursery schools"
15means those nursery schools operated by elementary school
16systems or secondary level school units or institutions of
17higher learning.
18(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1999-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
 
20    (Text of Section after amendment by P.A. 99-927)
21    Sec. 27-8.1. Health examinations and immunizations.
22    (1) In compliance with rules and regulations which the
23Department of Public Health shall promulgate, and except as
24hereinafter provided, all children in Illinois shall have a
25health examination as follows: within one year prior to

 

 

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1entering kindergarten or the first grade of any public,
2private, or parochial elementary school; upon entering the
3sixth and ninth grades of any public, private, or parochial
4school; prior to entrance into any public, private, or
5parochial nursery school; and, irrespective of grade,
6immediately prior to or upon entrance into any public, private,
7or parochial school or nursery school, each child shall present
8proof of having been examined in accordance with this Section
9and the rules and regulations promulgated hereunder. Any child
10who received a health examination within one year prior to
11entering the fifth grade for the 2007-2008 school year is not
12required to receive an additional health examination in order
13to comply with the provisions of Public Act 95-422 when he or
14she attends school for the 2008-2009 school year, unless the
15child is attending school for the first time as provided in
16this paragraph.
17    A tuberculosis skin test screening shall be included as a
18required part of each health examination included under this
19Section if the child resides in an area designated by the
20Department of Public Health as having a high incidence of
21tuberculosis. Additional health examinations of pupils,
22including eye examinations, may be required when deemed
23necessary by school authorities. Parents are encouraged to have
24their children undergo eye examinations at the same points in
25time required for health examinations.
26    (1.5) In compliance with rules adopted by the Department of

 

 

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1Public Health and except as otherwise provided in this Section,
2all children in kindergarten and the second and sixth grades of
3any public, private, or parochial school shall have a dental
4examination. Each of these children shall present proof of
5having been examined by a dentist in accordance with this
6Section and rules adopted under this Section before May 15th of
7the school year. If a child in the second or sixth grade fails
8to present proof by May 15th, the school may hold the child's
9report card until one of the following occurs: (i) the child
10presents proof of a completed dental examination or (ii) the
11child presents proof that a dental examination will take place
12within 60 days after May 15th. The Department of Public Health
13shall establish, by rule, a waiver for children who show an
14undue burden or a lack of access to a dentist. Each public,
15private, and parochial school must give notice of this dental
16examination requirement to the parents and guardians of
17students at least 60 days before May 15th of each school year.
18    (1.10) Except as otherwise provided in this Section, all
19children enrolling in kindergarten in a public, private, or
20parochial school on or after the effective date of this
21amendatory Act of the 95th General Assembly and any student
22enrolling for the first time in a public, private, or parochial
23school on or after the effective date of this amendatory Act of
24the 95th General Assembly shall have an eye examination. Each
25of these children shall present proof of having been examined
26by a physician licensed to practice medicine in all of its

 

 

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1branches or a licensed optometrist within the previous year, in
2accordance with this Section and rules adopted under this
3Section, before October 15th of the school year. If the child
4fails to present proof by October 15th, the school may hold the
5child's report card until one of the following occurs: (i) the
6child presents proof of a completed eye examination or (ii) the
7child presents proof that an eye examination will take place
8within 60 days after October 15th. The Department of Public
9Health shall establish, by rule, a waiver for children who show
10an undue burden or a lack of access to a physician licensed to
11practice medicine in all of its branches who provides eye
12examinations or to a licensed optometrist. Each public,
13private, and parochial school must give notice of this eye
14examination requirement to the parents and guardians of
15students in compliance with rules of the Department of Public
16Health. Nothing in this Section shall be construed to allow a
17school to exclude a child from attending because of a parent's
18or guardian's failure to obtain an eye examination for the
19child.
20    (2) The Department of Public Health shall promulgate rules
21and regulations specifying the examinations and procedures
22that constitute a health examination, which shall include an
23age-appropriate developmental screening, an age-appropriate
24social and emotional screening, and the collection of data
25relating to obesity (including at a minimum, date of birth,
26gender, height, weight, blood pressure, and date of exam), and

 

 

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1a dental examination and may recommend by rule that certain
2additional examinations be performed. The rules and
3regulations of the Department of Public Health shall specify
4that a tuberculosis skin test screening shall be included as a
5required part of each health examination included under this
6Section if the child resides in an area designated by the
7Department of Public Health as having a high incidence of
8tuberculosis. With respect to the developmental screening and
9the social and emotional screening, the Department of Public
10Health must develop rules and appropriate revisions to the
11Child Health Examination form in conjunction with a statewide
12organization representing school boards; a statewide
13organization representing pediatricians; statewide
14organizations representing individuals holding Illinois
15educator licenses with school support personnel endorsements,
16including school social workers, school psychologists, and
17school nurses; a statewide organization representing
18children's mental health experts; a statewide organization
19representing school principals; the Director of Healthcare and
20Family Services or his or her designee, the State
21Superintendent of Education or his or her designee; and
22representatives of other appropriate State agencies and, at a
23minimum, must recommend the use of validated screening tools
24appropriate to the child's age or grade, and, with regard to
25the social and emotional screening, require recording only
26whether or not the screening was completed. The rules shall

 

 

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1take into consideration the screening recommendations of the
2American Academy of Pediatrics and must be consistent with the
3State Board of Education's social and emotional learning
4standards. The Department of Public Health shall specify that a
5diabetes screening as defined by rule shall be included as a
6required part of each health examination. Diabetes testing is
7not required.
8    Physicians licensed to practice medicine in all of its
9branches, licensed advanced practice nurses, or licensed
10physician assistants shall be responsible for the performance
11of the health examinations, other than dental examinations, eye
12examinations, and vision and hearing screening, and shall sign
13all report forms required by subsection (4) of this Section
14that pertain to those portions of the health examination for
15which the physician, advanced practice nurse, or physician
16assistant is responsible. If a registered nurse performs any
17part of a health examination, then a physician licensed to
18practice medicine in all of its branches must review and sign
19all required report forms. Licensed dentists shall perform all
20dental examinations and shall sign all report forms required by
21subsection (4) of this Section that pertain to the dental
22examinations. Physicians licensed to practice medicine in all
23its branches or licensed optometrists shall perform all eye
24examinations required by this Section and shall sign all report
25forms required by subsection (4) of this Section that pertain
26to the eye examination. For purposes of this Section, an eye

 

 

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1examination shall at a minimum include history, visual acuity,
2subjective refraction to best visual acuity near and far,
3internal and external examination, and a glaucoma evaluation,
4as well as any other tests or observations that in the
5professional judgment of the doctor are necessary. Vision and
6hearing screening tests, which shall not be considered
7examinations as that term is used in this Section, shall be
8conducted in accordance with rules and regulations of the
9Department of Public Health, and by individuals whom the
10Department of Public Health has certified. In these rules and
11regulations, the Department of Public Health shall require that
12individuals conducting vision screening tests give a child's
13parent or guardian written notification, before the vision
14screening is conducted, that states, "Vision screening is not a
15substitute for a complete eye and vision evaluation by an eye
16doctor. Your child is not required to undergo this vision
17screening if an optometrist or ophthalmologist has completed
18and signed a report form indicating that an examination has
19been administered within the previous 12 months."
20    (2.5) With respect to the developmental screening and the
21social and emotional screening portion of the health
22examination, each child may present proof of having been
23screened in accordance with this Section and the rules adopted
24under this Section before October 15th of the school year. With
25regard to the social and emotional screening only, the
26examining health care provider shall only record whether or not

 

 

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1the screening was completed. If the child fails to present
2proof of the developmental screening or the social and
3emotional screening portions of the health examination by
4October 15th of the school year, qualified school support
5personnel may, with a parent's or guardian's consent, offer the
6developmental screening or the social and emotional screening
7to the child. Each public, private, and parochial school must
8give notice of the developmental screening and social and
9emotional screening requirements to the parents and guardians
10of students in compliance with the rules of the Department of
11Public Health. Nothing in this Section shall be construed to
12allow a school to exclude a child from attending because of a
13parent's or guardian's failure to obtain a developmental
14screening or a social and emotional screening for the child.
15Once a developmental screening or a social and emotional
16screening is completed and proof has been presented to the
17school, the school may, with a parent's or guardian's consent,
18make available appropriate school personnel to work with the
19parent or guardian, the child, and the provider who signed the
20screening form to obtain any appropriate evaluations and
21services as indicated on the form and in other information and
22documentation provided by the parents, guardians, or provider.
23    If a school discovers that a physician, advanced practice
24nurse, or physician assistant refuses to conduct a
25developmental screening or the social and emotional screening
26despite the request of a parent or legal guardian, the school

 

 

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1shall report the refusal to the Department of Financial and
2Professional Regulation and the Department of Financial and
3Professional Regulation shall impose a $500 civil penalty on
4the physician, advanced practice nurse, or physician assistant
5who refused to complete the developmental or social and
6emotional screening.
7    (3) Every child shall, at or about the same time as he or
8she receives a health examination required by subsection (1) of
9this Section, present to the local school proof of having
10received such immunizations against preventable communicable
11diseases as the Department of Public Health shall require by
12rules and regulations promulgated pursuant to this Section and
13the Communicable Disease Prevention Act.
14    (4) The individuals conducting the health examination,
15dental examination, or eye examination shall record the fact of
16having conducted the examination, and such additional
17information as required, including for a health examination
18data relating to obesity (including at a minimum, date of
19birth, gender, height, weight, blood pressure, and date of
20exam), on uniform forms which the Department of Public Health
21and the State Board of Education shall prescribe for statewide
22use. The examiner shall summarize on the report form any
23condition that he or she suspects indicates a need for special
24services, including for a health examination factors relating
25to obesity. The duty to summarize on the report form does not
26apply to social and emotional screenings. The confidentiality

 

 

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1of the information and records relating to the developmental
2screening and the social and emotional screening shall be
3determined by the statutes, rules, and professional ethics
4governing the type of provider conducting the screening. The
5individuals confirming the administration of required
6immunizations shall record as indicated on the form that the
7immunizations were administered.
8    (5) If a child does not submit proof of having had either
9the health examination or the immunization as required, then
10the child shall be examined or receive the immunization, as the
11case may be, and present proof by October 15 of the current
12school year, or by an earlier date of the current school year
13established by a school district. To establish a date before
14October 15 of the current school year for the health
15examination or immunization as required, a school district must
16give notice of the requirements of this Section 60 days prior
17to the earlier established date. If for medical reasons one or
18more of the required immunizations must be given after October
1915 of the current school year, or after an earlier established
20date of the current school year, then the child shall present,
21by October 15, or by the earlier established date, a schedule
22for the administration of the immunizations and a statement of
23the medical reasons causing the delay, both the schedule and
24the statement being issued by the physician, advanced practice
25nurse, physician assistant, registered nurse, or local health
26department that will be responsible for administration of the

 

 

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1remaining required immunizations. If a child does not comply by
2October 15, or by the earlier established date of the current
3school year, with the requirements of this subsection, then the
4local school authority shall exclude that child from school
5until such time as the child presents proof of having had the
6health examination as required and presents proof of having
7received those required immunizations which are medically
8possible to receive immediately. During a child's exclusion
9from school for noncompliance with this subsection, the child's
10parents or legal guardian shall be considered in violation of
11Section 26-1 and subject to any penalty imposed by Section
1226-10. This subsection (5) does not apply to dental
13examinations, eye examinations, and the developmental
14screening and the social and emotional screening portions of
15the health examination. If the student is an out-of-state
16transfer student and does not have the proof required under
17this subsection (5) before October 15 of the current year or
18whatever date is set by the school district, then he or she may
19only attend classes (i) if he or she has proof that an
20appointment for the required vaccinations has been scheduled
21with a party authorized to submit proof of the required
22vaccinations. If the proof of vaccination required under this
23subsection (5) is not submitted within 30 days after the
24student is permitted to attend classes, then the student is not
25to be permitted to attend classes until proof of the
26vaccinations has been properly submitted. No school district or

 

 

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1employee of a school district shall be held liable for any
2injury or illness to another person that results from admitting
3an out-of-state transfer student to class that has an
4appointment scheduled pursuant to this subsection (5).
5    (6) Every school shall report to the State Board of
6Education by November 15, in the manner which that agency shall
7require, the number of children who have received the necessary
8immunizations and the health examination (other than a dental
9examination or eye examination) as required, indicating, of
10those who have not received the immunizations and examination
11as required, the number of children who are exempt from health
12examination and immunization requirements on religious or
13medical grounds as provided in subsection (8). On or before
14December 1 of each year, every public school district and
15registered nonpublic school shall make publicly available the
16immunization data they are required to submit to the State
17Board of Education by November 15. The immunization data made
18publicly available must be identical to the data the school
19district or school has reported to the State Board of
20Education.
21    Every school shall report to the State Board of Education
22by June 30, in the manner that the State Board requires, the
23number of children who have received the required dental
24examination, indicating, of those who have not received the
25required dental examination, the number of children who are
26exempt from the dental examination on religious grounds as

 

 

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1provided in subsection (8) of this Section and the number of
2children who have received a waiver under subsection (1.5) of
3this Section.
4    Every school shall report to the State Board of Education
5by June 30, in the manner that the State Board requires, the
6number of children who have received the required eye
7examination, indicating, of those who have not received the
8required eye examination, the number of children who are exempt
9from the eye examination as provided in subsection (8) of this
10Section, the number of children who have received a waiver
11under subsection (1.10) of this Section, and the total number
12of children in noncompliance with the eye examination
13requirement.
14    The reported information under this subsection (6) shall be
15provided to the Department of Public Health by the State Board
16of Education.
17    (7) Upon determining that the number of pupils who are
18required to be in compliance with subsection (5) of this
19Section is below 90% of the number of pupils enrolled in the
20school district, 10% of each State aid payment made pursuant to
21Section 18-8.05 to the school district for such year may be
22withheld by the State Board of Education until the number of
23students in compliance with subsection (5) is the applicable
24specified percentage or higher.
25    (8) Children of parents or legal guardians who object to
26health, dental, or eye examinations or any part thereof, to

 

 

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1immunizations, or to vision and hearing screening tests on
2religious grounds shall not be required to undergo the
3examinations, tests, or immunizations to which they so object
4if such parents or legal guardians present to the appropriate
5local school authority a signed Certificate of Religious
6Exemption detailing the grounds for objection and the specific
7immunizations, tests, or examinations to which they object. The
8grounds for objection must set forth the specific religious
9belief that conflicts with the examination, test,
10immunization, or other medical intervention. The signed
11certificate shall also reflect the parent's or legal guardian's
12understanding of the school's exclusion policies in the case of
13a vaccine-preventable disease outbreak or exposure. The
14certificate must also be signed by the authorized examining
15health care provider responsible for the performance of the
16child's health examination confirming that the provider
17provided education to the parent or legal guardian on the
18benefits of immunization and the health risks to the student
19and to the community of the communicable diseases for which
20immunization is required in this State. However, the health
21care provider's signature on the certificate reflects only that
22education was provided and does not allow a health care
23provider grounds to determine a religious exemption. Those
24receiving immunizations required under this Code shall be
25provided with the relevant vaccine information statements that
26are required to be disseminated by the federal National

 

 

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1Childhood Vaccine Injury Act of 1986, which may contain
2information on circumstances when a vaccine should not be
3administered, prior to administering a vaccine. A healthcare
4provider may consider including without limitation the
5nationally accepted recommendations from federal agencies such
6as the Advisory Committee on Immunization Practices, the
7information outlined in the relevant vaccine information
8statement, and vaccine package inserts, along with the
9healthcare provider's clinical judgment, to determine whether
10any child may be more susceptible to experiencing an adverse
11vaccine reaction than the general population, and, if so, the
12healthcare provider may exempt the child from an immunization
13or adopt an individualized immunization schedule. The
14Certificate of Religious Exemption shall be created by the
15Department of Public Health and shall be made available and
16used by parents and legal guardians by the beginning of the
172015-2016 school year. Parents or legal guardians must submit
18the Certificate of Religious Exemption to their local school
19authority prior to entering kindergarten, sixth grade, and
20ninth grade for each child for which they are requesting an
21exemption. The religious objection stated need not be directed
22by the tenets of an established religious organization.
23However, general philosophical or moral reluctance to allow
24physical examinations, eye examinations, immunizations, vision
25and hearing screenings, or dental examinations does not provide
26a sufficient basis for an exception to statutory requirements.

 

 

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1The local school authority is responsible for determining if
2the content of the Certificate of Religious Exemption
3constitutes a valid religious objection. The local school
4authority shall inform the parent or legal guardian of
5exclusion procedures, in accordance with the Department's
6rules under Part 690 of Title 77 of the Illinois Administrative
7Code, at the time the objection is presented.
8    If the physical condition of the child is such that any one
9or more of the immunizing agents should not be administered,
10the examining physician, advanced practice nurse, or physician
11assistant responsible for the performance of the health
12examination shall endorse that fact upon the health examination
13form.
14    Exempting a child from the health, dental, or eye
15examination does not exempt the child from participation in the
16program of physical education training provided in Sections
1727-5 through 27-7 of this Code.
18    (9) For the purposes of this Section, "nursery schools"
19means those nursery schools operated by elementary school
20systems or secondary level school units or institutions of
21higher learning.
22(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
2399-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
246-1-17.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect June 1,
82017.