Sen. Kimberly A. Lightford

Filed: 4/7/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 565

2    AMENDMENT NO. ______. Amend Senate Bill 565 by replacing
3everything after the enacting clause with the following:
 
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    Sec. 27-8.1. Health examinations and immunizations.
8    (1) In compliance with rules and regulations which the
9Department of Public Health shall promulgate, and except as
10hereinafter provided, all children in Illinois shall have a
11health examination as follows: within one year prior to
12entering kindergarten or the first grade of any public,
13private, or parochial elementary school; upon entering the
14sixth and ninth grades of any public, private, or parochial
15school; prior to entrance into any public, private, or
16parochial nursery school; and, irrespective of grade,

 

 

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

 

 

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

 

 

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

 

 

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1Section if the child resides in an area designated by the
2Department of Public Health as having a high incidence of
3tuberculosis. With respect to social and emotional screening,
4the rules must be developed in conjunction with a statewide
5organization representing school boards, a statewide
6organization representing pediatricians, and a statewide
7organization representing children's mental health experts
8and, at a minimum, recommend the use of a validated screening
9tool such as the Ages and Stages Social-Emotional Questionnaire
10or the Pediatric Symptom Checklist or another validated
11screening tool as recommended by the American Academy of
12Pediatrics. The rules shall provide that social and emotional
13screenings are not intended to replace or duplicate health care
14systems conducting screening and anticipatory guidance
15consistent with recommendations of the American Academy of
16Pediatrics and must be consistent with the State Board of
17Education's social and emotional learning standards. The
18Department of Public Health shall specify that a diabetes
19screening as defined by rule shall be included as a required
20part of each health examination. Diabetes testing is not
21required.
22    Physicians licensed to practice medicine in all of its
23branches, licensed advanced practice nurses, or licensed
24physician assistants shall be responsible for the performance
25of the health examinations, other than dental examinations, eye
26examinations, and vision and hearing screening, and shall sign

 

 

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

 

 

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1parent or guardian written notification, before the vision
2screening is conducted, that states, "Vision screening is not a
3substitute for a complete eye and vision evaluation by an eye
4doctor. Your child is not required to undergo this vision
5screening if an optometrist or ophthalmologist has completed
6and signed a report form indicating that an examination has
7been administered within the previous 12 months."
8    (2.5) With respect to the social and emotional screening
9portion of the health examination, each child shall present
10proof of having been examined by a physician licensed to
11practice medicine in all of its branches or a licensed
12psychologist within the previous year, in accordance with this
13Section and rules adopted under this Section, before October
1415th of the school year. If the child fails to present proof of
15the social and emotional screening portion of the health
16examination by October 15th, the school may hold the child's
17report card until one of the following occurs: (i) the child
18presents proof of a completed social and emotional screening or
19(ii) the child presents proof that a social and emotional
20screening will take place within 60 days after October 15th.
21The Department of Public Health shall establish, by rule, a
22waiver for children who show an undue burden or a lack of
23access to a physician licensed to practice medicine in all of
24its branches who provides social and emotional screenings or to
25a licensed psychologist. Each public, private, and parochial
26school must give notice of this social and emotional screening

 

 

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1requirement to the parents and guardians of students in
2compliance with rules of the Department of Public Health.
3Nothing in this Section shall be construed to allow a school to
4exclude a child from attending because of a parent's or
5guardian's failure to obtain a social and emotional screening
6for the child.
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. Regarding social and emotional functioning,
26information must be shared in a manner consistent with laws and

 

 

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1policies governing health care confidentiality. The
2individuals confirming the administration of required
3immunizations shall record as indicated on the form that the
4immunizations were administered.
5    (5) If a child does not submit proof of having had either
6the health examination or the immunization as required, then
7the child shall be examined or receive the immunization, as the
8case may be, and present proof by October 15 of the current
9school year, or by an earlier date of the current school year
10established by a school district. To establish a date before
11October 15 of the current school year for the health
12examination or immunization as required, a school district must
13give notice of the requirements of this Section 60 days prior
14to the earlier established date. If for medical reasons one or
15more of the required immunizations must be given after October
1615 of the current school year, or after an earlier established
17date of the current school year, then the child shall present,
18by October 15, or by the earlier established date, a schedule
19for the administration of the immunizations and a statement of
20the medical reasons causing the delay, both the schedule and
21the statement being issued by the physician, advanced practice
22nurse, physician assistant, registered nurse, or local health
23department that will be responsible for administration of the
24remaining required immunizations. If a child does not comply by
25October 15, or by the earlier established date of the current
26school year, with the requirements of this subsection, then the

 

 

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1local school authority shall exclude that child from school
2until such time as the child presents proof of having had the
3health examination as required and presents proof of having
4received those required immunizations which are medically
5possible to receive immediately. During a child's exclusion
6from school for noncompliance with this subsection, the child's
7parents or legal guardian shall be considered in violation of
8Section 26-1 and subject to any penalty imposed by Section
926-10. This subsection (5) does not apply to dental
10examinations, and eye examinations, or the social and emotional
11screening portion of the health examination. If the student is
12an out-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; revised 10-21-15.)".