SB1736 96TH GENERAL ASSEMBLY

LRB096 03487 DRJ 13511 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1736

Introduced 2/19/2009, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

110 ILCS 330/8 new
210 ILCS 85/6.25 new
30 ILCS 805/8.33 new

Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires a hospital to adopt an influenza and pneumococcal immunization policy that contains certain features. Requires a hospital to file a copy of the policy with the Department of Public Health. Restricts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The University of Illinois Hospital Act is amended by adding Section 8 as follows:

(110 ILCS 330/8 new)

Sec. 8. Immunization against influenza virus and pneumococcal disease. The University of Illinois Hospital shall adopt an influenza and pneumococcal immunization policy that includes, but need not be limited to, the following:

(1) Procedures for identifying patients age 65 or older and, at the discretion of the facility, other patients at risk.

(2) Procedures for offering immunization against influenza virus between September 1 and April 1, and against pneumococcal disease upon admission or discharge, to patients age 65 or older.

(3) Procedures for ensuring that patients offered immunization, or their guardians, receive information regarding the risks and benefits of vaccination.

(4) A standing order policy approved by the medical director or other appropriate physician that includes, but need not be limited to, an assessment for contra-indications.

(5) A system for documenting vaccine administration, medical contra-indications, patient refusals, and any post-vaccination adverse events.

The hospital shall file a copy of its influenza and pneumococcal immunization policy with the Illinois Department of Public Health.

Section 10. The Hospital Licensing Act is amended by adding Section 6.25 as follows:

(210 ILCS 85/6.25 new)

Sec. 6.25. Immunization against influenza virus and pneumococcal disease.

(a) Every hospital shall adopt an influenza and pneumococcal immunization policy that includes, but need not be limited to, the following:

(1) Procedures for identifying patients age 65 or older and, at the discretion of the facility, other patients at risk.

(2) Procedures for offering immunization against influenza virus between September 1 and April 1, and against pneumococcal disease upon admission or discharge, to patients age 65 or older.

(3) Procedures for ensuring that patients offered immunization, or their guardians, receive information regarding the risks and benefits of vaccination.

(4) A standing order policy approved by the medical director or other appropriate physician that includes, but need not be limited to, an assessment for contra-indications.

(5) A system for documenting vaccine administration, medical contra-indications, patient refusals, and any post-vaccination adverse events.

The hospital shall file a copy of its influenza and pneumococcal immunization policy with the Department.

(b) A home rule unit may not regulate immunization against influenza virus and pneumococcal disease in a manner inconsistent with the regulation of such immunizations under this Section. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 96th General Assembly.

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