Illinois General Assembly - Full Text of Public Act 098-0271
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Public Act 098-0271


 

Public Act 0271 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0271
 
HB3191 EnrolledLRB098 10380 DRJ 41466 b

    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 changing Section 8 as follows:
 
    (110 ILCS 330/8)
    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 when available between September 1 and
    April 1, and against pneumococcal disease upon admission or
    discharge, to patients 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 age 65 or
    older, unless contraindicated.
        (3) Procedures for ensuring that patients offered
    immunization, or their guardians, receive information
    regarding the risks and benefits of vaccination.
    The hospital shall provide a copy of its influenza and
pneumococcal immunization policy to the Illinois Department of
Public Health upon request.
(Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
 
    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 or arrange for
administration of 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, arranged, refused or medically contraindicated.
    (b) A facility shall administer 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, arranged, refused, or medically contraindicated.
    (c) All persons seeking admission to a nursing facility
shall be verbally screened for risk factors associated with
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
(HIV) according to guidelines established by the U.S. Centers
for Disease Control and Prevention. Persons who are identified
as being at high risk for hepatitis B, hepatitis C, or HIV
shall be offered an opportunity to undergo laboratory testing
in order to determine infection status if they will be admitted
to the nursing facility for at least 7 days and are not known
to be infected with any of the listed viruses. All HIV testing
shall be conducted in compliance with the AIDS Confidentiality
Act. All persons determined to be susceptible to the hepatitis
B virus shall be offered immunization within 10 days of
admission to any nursing facility. A facility shall document in
the resident's medical record that he or she was verbally
screened for risk factors associated with hepatitis B,
hepatitis C, and HIV, and whether or not the resident was
immunized against hepatitis B. Nothing in this subsection (c)
shall apply to a nursing facility licensed or regulated by the
Illinois Department of Veterans' Affairs.
    (d) A skilled nursing facility shall designate a person or
persons as Infection Prevention and Control Professionals to
develop and implement policies governing control of infections
and communicable diseases. The Infection Prevention and
Control Professionals shall be qualified through education,
training, experience, or certification or a combination of such
qualifications. The Infection Prevention and Control
Professional's qualifications shall be documented and shall be
made available for inspection by the Department.
(Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)
 
    Section 15. The ID/DD Community Care Act is amended by
changing Section 2-213 as follows:
 
    (210 ILCS 47/2-213)
    Sec. 2-213. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of 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, arranged, refused or medically contraindicated.
    (b) A facility shall administer 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, arranged, refused, or medically contraindicated.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 20. The Specialized Mental Health Rehabilitation
Act is amended by changing Section 2-213 as follows:
 
    (210 ILCS 48/2-213)
    Sec. 2-213. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of 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, arranged, refused or medically contraindicated.
    (b) A facility shall administer 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, arranged, refused, or medically contraindicated.
    (c) All persons seeking admission to a nursing facility
shall be verbally screened for risk factors associated with
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
(HIV) according to guidelines established by the U.S. Centers
for Disease Control and Prevention. Persons who are identified
as being at high risk for hepatitis B, hepatitis C, or HIV
shall be offered an opportunity to undergo laboratory testing
in order to determine infection status if they will be admitted
to the nursing facility for at least 7 days and are not known
to be infected with any of the listed viruses. All HIV testing
shall be conducted in compliance with the AIDS Confidentiality
Act. All persons determined to be susceptible to the hepatitis
B virus shall be offered immunization within 10 days of
admission to any nursing facility. A facility shall document in
the resident's medical record that he or she was verbally
screened for risk factors associated with hepatitis B,
hepatitis C, and HIV, and whether or not the resident was
immunized against hepatitis B. Nothing in this subsection (c)
shall apply to a nursing facility licensed or regulated by the
Illinois Department of Veterans' Affairs.
(Source: P.A. 97-38, eff. 6-28-11.)
 
    Section 25. The Hospital Licensing Act is amended by
changing Section 6.26 as follows:
 
    (210 ILCS 85/6.26)
    Sec. 6.26. 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 when available between September 1 and
    April 1, and against pneumococcal disease upon admission or
    discharge, to patients 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 age 65 or
    older, unless contraindicated.
        (3) Procedures for ensuring that patients offered
    immunization, or their guardians, receive information
    regarding the risks and benefits of vaccination.
    The hospital shall provide a copy of its influenza and
pneumococcal immunization policy to the Department upon
request.
    (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.
(Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)

Effective Date: 1/1/2014