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Public Act 095-0159


 

Public Act 0159 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0159
 
HB2242 Enrolled LRB095 01298 DRJ 21300 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Communicable Disease Prevention Act is
amended by changing Section 1 and by adding Section 1.5 as
follows:
 
    (410 ILCS 315/1)  (from Ch. 111 1/2, par. 22.11)
    Sec. 1. Certain communicable diseases such as measles,
poliomyelitis, invasive pneumococcal disease, and tetanus, may
and do result in serious physical and mental disability
including mental retardation, permanent paralysis,
encephalitis, convulsions, pneumonia, and not infrequently,
death.
    Most of these diseases attack young children, and if they
have not been immunized, may spread to other susceptible
children and possibly, adults, thus, posing serious threats to
the health of the community. Effective, safe and widely used
vaccines and immunization procedures have been developed and
are available to prevent these diseases and to limit their
spread. Even though such immunization procedures are
available, many children fail to receive this protection either
through parental oversight, lack of concern, knowledge or
interest, or lack of available facilities or funds. The
existence of susceptible children in the community constitutes
a health hazard to the individual and to the public at large by
serving as a focus for the spread of these communicable
diseases.
    It is declared to be the public policy of this State that
all children shall be protected, as soon after birth as
medically indicated, by the appropriate vaccines and
immunizing procedures to prevent communicable diseases which
are or which may in the future become preventable by
immunization.
(Source: P.A. 78-255; 78-303; 78-1297.)
 
    (410 ILCS 315/1.5 new)
    Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding
Section 2 of this Act, within 30 days of the effective date of
this amendatory Act of the 95th General Assembly, the
Department shall promulgate rules and regulations, and shall
submit those rules and regulations in accordance with the
rulemaking first notice requirements under Section 5-40 of the
Illinois Administrative Procedure Act, requiring the
age-appropriate series of pneumococcal conjugate vaccine, as
recommended by the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention, to
a child younger than 2 years of age who is enrolled or
enrolling in a licensed child care facility, as that term is
defined in the Child Care Act of 1969. The Department shall
also establish protocols for children younger than 2 years of
age to catch up on missed doses. A child care facility must be
able to furnish proof of compliance with this Section for all
children at the facility, beginning January 1, 2008.
    The provisions of this Section shall not apply if:
        (1) the parent or guardian of the child objects thereto
    on the grounds that the administration of immunizing agents
    conflicts with his or her religious tenets or practices; or
        (2) a physician employed by the parent or guardian to
    provide care and treatment to the child states that the
    physical condition of the child is such that the
    administration of the required immunizing agent would be
    detrimental to the health of the child.
 
    Section 99. Effective date. This Act takes effect July 1,
2007.

Effective Date: 8/14/2007