Illinois General Assembly - Full Text of HB4174
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Full Text of HB4174  102nd General Assembly

HB4174 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4174

 

Introduced 10/19/2021, by Rep. Tom Weber, Chris Miller, Dan Caulkins and Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27-8.1  from Ch. 122, par. 27-8.1
410 ILCS 315/2f new

    Amends the School Code. In provisions concerning the health examinations and immunizations that school children are required to receive, provides that a child may not be required to submit proof of having received an immunization against COVID-19 upon enrolling in school nor may a child already enrolled in school be required to receive an immunization against COVID-19. Amends the Communicable Disease Prevention Act. Pursuant to the School Code provisions, prohibits the Department of Public Health from adopting any rules that require children to receive an immunization against COVID-19. Effective immediately.


LRB102 20484 CMG 29350 b

 

 

A BILL FOR

 

HB4174LRB102 20484 CMG 29350 b

1    AN ACT concerning health.
 
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    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,
17immediately prior to or upon entrance into any public,
18private, or parochial school or nursery school, each child
19shall present proof of having been examined in accordance with
20this Section and the rules and regulations promulgated
21hereunder. Any child who received a health examination within
22one year prior to entering the fifth grade for the 2007-2008
23school year is not required to receive an additional health

 

 

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1examination in order to comply with the provisions of Public
2Act 95-422 when he or she attends school for the 2008-2009
3school year, unless the child is attending school for the
4first time as provided in this paragraph.
5    A tuberculosis skin test screening shall be included as a
6required part of each health examination included under this
7Section if the child resides in an area designated by the
8Department of Public Health as having a high incidence of
9tuberculosis. Additional health examinations of pupils,
10including eye examinations, may be required when deemed
11necessary by school authorities. Parents are encouraged to
12have their children undergo eye examinations at the same
13points in time required for health examinations.
14    (1.5) In compliance with rules adopted by the Department
15of Public Health and except as otherwise provided in this
16Section, all children in kindergarten and the second, sixth,
17and ninth grades of any public, private, or parochial school
18shall have a dental examination. Each of these children shall
19present proof of having been examined by a dentist in
20accordance with this Section and rules adopted under this
21Section before May 15th of the school year. If a child in the
22second, sixth, or ninth grade fails to present proof by May
2315th, the school may hold the child's report card until one of
24the following occurs: (i) the child presents proof of a
25completed dental examination or (ii) the child presents proof
26that a dental examination will take place within 60 days after

 

 

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1May 15th. A school may not withhold a child's report card
2during a school year in which the Governor has declared a
3disaster due to a public health emergency pursuant to Section
47 of the Illinois Emergency Management Agency Act. The
5Department of Public Health shall establish, by rule, a waiver
6for children who show an undue burden or a lack of access to a
7dentist. Each public, private, and parochial school must give
8notice of this dental examination requirement to the parents
9and guardians of students at least 60 days before May 15th of
10each school year.
11    (1.10) Except as otherwise provided in this Section, all
12children enrolling in kindergarten in a public, private, or
13parochial school on or after January 1, 2008 (the effective
14date of Public Act 95-671) and any student enrolling for the
15first time in a public, private, or parochial school on or
16after January 1, 2008 (the effective date of Public Act
1795-671) shall have an eye examination. Each of these children
18shall present proof of having been examined by a physician
19licensed to practice medicine in all of its branches or a
20licensed optometrist within the previous year, in accordance
21with this Section and rules adopted under this Section, before
22October 15th of the school year. If the child fails to present
23proof by October 15th, the school may hold the child's report
24card until one of the following occurs: (i) the child presents
25proof of a completed eye examination or (ii) the child
26presents proof that an eye examination will take place within

 

 

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160 days after October 15th. A school may not withhold a child's
2report card during a school year in which the Governor has
3declared a disaster due to a public health emergency pursuant
4to Section 7 of the Illinois Emergency Management Agency Act.
5The Department of Public Health shall establish, by rule, a
6waiver for children who show an undue burden or a lack of
7access to a physician licensed to practice medicine in all of
8its branches who provides eye examinations or to a licensed
9optometrist. Each public, private, and parochial school must
10give notice of this eye examination requirement to the parents
11and guardians of students in compliance with rules of the
12Department of Public Health. Nothing in this Section shall be
13construed to allow a school to exclude a child from attending
14because of a parent's or guardian's failure to obtain an eye
15examination for the child.
16    (2) The Department of Public Health shall promulgate rules
17and regulations specifying the examinations and procedures
18that constitute a health examination, which shall include an
19age-appropriate developmental screening, an age-appropriate
20social and emotional screening, and the collection of data
21relating to asthma and obesity (including at a minimum, date
22of birth, gender, height, weight, blood pressure, and date of
23exam), and a dental examination and may recommend by rule that
24certain additional examinations be performed. The rules and
25regulations of the Department of Public Health shall specify
26that a tuberculosis skin test screening shall be included as a

 

 

HB4174- 5 -LRB102 20484 CMG 29350 b

1required part of each health examination included under this
2Section if the child resides in an area designated by the
3Department of Public Health as having a high incidence of
4tuberculosis. With respect to the developmental screening and
5the social and emotional screening, the Department of Public
6Health must, no later than January 1, 2019, develop rules and
7appropriate revisions to the Child Health Examination form in
8conjunction with a statewide organization representing school
9boards; a statewide organization representing pediatricians;
10statewide organizations representing individuals holding
11Illinois educator licenses with school support personnel
12endorsements, including school social workers, school
13psychologists, and school nurses; a statewide organization
14representing children's mental health experts; a statewide
15organization representing school principals; the Director of
16Healthcare and Family Services or his or her designee, the
17State Superintendent of Education or his or her designee; and
18representatives of other appropriate State agencies and, at a
19minimum, must recommend the use of validated screening tools
20appropriate to the child's age or grade, and, with regard to
21the social and emotional screening, require recording only
22whether or not the screening was completed. The rules shall
23take into consideration the screening recommendations of the
24American Academy of Pediatrics and must be consistent with the
25State Board of Education's social and emotional learning
26standards. The Department of Public Health shall specify that

 

 

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1a diabetes screening as defined by rule shall be included as a
2required part of each health examination. Diabetes testing is
3not required.
4    Physicians licensed to practice medicine in all of its
5branches, licensed advanced practice registered nurses, or
6licensed physician assistants shall be responsible for the
7performance of the health examinations, other than dental
8examinations, eye examinations, and vision and hearing
9screening, and shall sign all report forms required by
10subsection (4) of this Section that pertain to those portions
11of the health examination for which the physician, advanced
12practice registered nurse, or physician assistant is
13responsible. If a registered nurse performs any part of a
14health examination, then a physician licensed to practice
15medicine in all of its branches must review and sign all
16required report forms. Licensed dentists shall perform all
17dental examinations and shall sign all report forms required
18by subsection (4) of this Section that pertain to the dental
19examinations. Physicians licensed to practice medicine in all
20its branches or licensed optometrists shall perform all eye
21examinations required by this Section and shall sign all
22report forms required by subsection (4) of this Section that
23pertain to the eye examination. For purposes of this Section,
24an eye examination shall at a minimum include history, visual
25acuity, subjective refraction to best visual acuity near and
26far, internal and external examination, and a glaucoma

 

 

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

 

 

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1emotional screening portions of the health examination by
2October 15th of the school year, qualified school support
3personnel may, with a parent's or guardian's consent, offer
4the developmental screening or the social and emotional
5screening to the child. Each public, private, and parochial
6school must give notice of the developmental screening and
7social and emotional screening requirements to the parents and
8guardians of students in compliance with the rules of the
9Department of Public Health. Nothing in this Section shall be
10construed to allow a school to exclude a child from attending
11because of a parent's or guardian's failure to obtain a
12developmental screening or a social and emotional screening
13for the child. Once a developmental screening or a social and
14emotional screening is completed and proof has been presented
15to the school, the school may, with a parent's or guardian's
16consent, make available appropriate school personnel to work
17with the parent or guardian, the child, and the provider who
18signed the screening form to obtain any appropriate
19evaluations and services as indicated on the form and in other
20information and documentation provided by the parents,
21guardians, or provider.
22    (3) Every child shall, at or about the same time as he or
23she receives a health examination required by subsection (1)
24of this Section, present to the local school proof of having
25received such immunizations against preventable communicable
26diseases as the Department of Public Health shall require by

 

 

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1rules and regulations promulgated pursuant to this Section and
2the Communicable Disease Prevention Act.
3    (3.5) Notwithstanding any other law or rule to the
4contrary, no child may be required to submit proof of having
5received an immunization against COVID-19 upon enrolling in
6school nor may a child already enrolled in school be required
7to receive an immunization against COVID-19.
8    (4) The individuals conducting the health examination,
9dental examination, or eye examination shall record the fact
10of having conducted the examination, and such additional
11information as required, including for a health examination
12data relating to asthma and obesity (including at a minimum,
13date of birth, gender, height, weight, blood pressure, and
14date of exam), on uniform forms which the Department of Public
15Health and the State Board of Education shall prescribe for
16statewide use. The examiner shall summarize on the report form
17any condition that he or she suspects indicates a need for
18special services, including for a health examination factors
19relating to asthma or obesity. The duty to summarize on the
20report form does not apply to social and emotional screenings.
21The confidentiality of the information and records relating to
22the developmental screening and the social and emotional
23screening shall be determined by the statutes, rules, and
24professional ethics governing the type of provider conducting
25the screening. The individuals confirming the administration
26of required immunizations shall record as indicated on the

 

 

HB4174- 10 -LRB102 20484 CMG 29350 b

1form that the immunizations were administered.
2    (5) If a child does not submit proof of having had either
3the health examination or the immunization as required, then
4the child shall be examined or receive the immunization, as
5the case may be, and present proof by October 15 of the current
6school year, or by an earlier date of the current school year
7established by a school district. To establish a date before
8October 15 of the current school year for the health
9examination or immunization as required, a school district
10must give notice of the requirements of this Section 60 days
11prior to the earlier established date. If for medical reasons
12one or more of the required immunizations must be given after
13October 15 of the current school year, or after an earlier
14established date of the current school year, then the child
15shall present, by October 15, or by the earlier established
16date, a schedule for the administration of the immunizations
17and a statement of the medical reasons causing the delay, both
18the schedule and the statement being issued by the physician,
19advanced practice registered nurse, physician assistant,
20registered nurse, or local health department that will be
21responsible for administration of the remaining required
22immunizations. If a child does not comply by October 15, or by
23the earlier established date of the current school year, with
24the requirements of this subsection, then the local school
25authority shall exclude that child from school until such time
26as the child presents proof of having had the health

 

 

HB4174- 11 -LRB102 20484 CMG 29350 b

1examination as required and presents proof of having received
2those required immunizations which are medically possible to
3receive immediately. During a child's exclusion from school
4for noncompliance with this subsection, the child's parents or
5legal guardian shall be considered in violation of Section
626-1 and subject to any penalty imposed by Section 26-10. This
7subsection (5) does not apply to dental examinations, eye
8examinations, and the developmental screening and the social
9and emotional screening portions of the health examination. If
10the student is an out-of-state transfer student and does not
11have the proof required under this subsection (5) before
12October 15 of the current year or whatever date is set by the
13school district, then he or she may only attend classes (i) if
14he or she has proof that an appointment for the required
15vaccinations has been scheduled with a party authorized to
16submit proof of the required vaccinations. If the proof of
17vaccination required under this subsection (5) is not
18submitted within 30 days after the student is permitted to
19attend classes, then the student is not to be permitted to
20attend classes until proof of the vaccinations has been
21properly submitted. No school district or employee of a school
22district shall be held liable for any injury or illness to
23another person that results from admitting an out-of-state
24transfer student to class that has an appointment scheduled
25pursuant to this subsection (5).
26    (6) Every school shall report to the State Board of

 

 

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

 

 

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1number of children who have received the required eye
2examination, indicating, of those who have not received the
3required eye examination, the number of children who are
4exempt from the eye examination as provided in subsection (8)
5of this Section, the number of children who have received a
6waiver under subsection (1.10) of this Section, and the total
7number of children in noncompliance with the eye examination
8requirement.
9    The reported information under this subsection (6) shall
10be provided to the Department of Public Health by the State
11Board of Education.
12    (7) Upon determining that the number of pupils who are
13required to be in compliance with subsection (5) of this
14Section is below 90% of the number of pupils enrolled in the
15school district, 10% of each State aid payment made pursuant
16to Section 18-8.05 or 18-8.15 to the school district for such
17year may be withheld by the State Board of Education until the
18number of students in compliance with subsection (5) is the
19applicable specified percentage or higher.
20    (8) Children of parents or legal guardians who object to
21health, dental, or eye examinations or any part thereof, to
22immunizations, or to vision and hearing screening tests on
23religious grounds shall not be required to undergo the
24examinations, tests, or immunizations to which they so object
25if such parents or legal guardians present to the appropriate
26local school authority a signed Certificate of Religious

 

 

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

 

 

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1federal agencies such as the Advisory Committee on
2Immunization Practices, the information outlined in the
3relevant vaccine information statement, and vaccine package
4inserts, along with the healthcare provider's clinical
5judgment, to determine whether any child may be more
6susceptible to experiencing an adverse vaccine reaction than
7the general population, and, if so, the healthcare provider
8may exempt the child from an immunization or adopt an
9individualized immunization schedule. The Certificate of
10Religious Exemption shall be created by the Department of
11Public Health and shall be made available and used by parents
12and legal guardians by the beginning of the 2015-2016 school
13year. Parents or legal guardians must submit the Certificate
14of Religious Exemption to their local school authority prior
15to entering kindergarten, sixth grade, and ninth grade for
16each child for which they are requesting an exemption. The
17religious objection stated need not be directed by the tenets
18of an established religious organization. However, general
19philosophical or moral reluctance to allow physical
20examinations, eye examinations, immunizations, vision and
21hearing screenings, or dental examinations does not provide a
22sufficient 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

 

 

HB4174- 16 -LRB102 20484 CMG 29350 b

1exclusion procedures, in accordance with the Department's
2rules under Part 690 of Title 77 of the Illinois
3Administrative Code, 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 registered nurse,
7or physician assistant responsible for the performance of the
8health examination shall endorse that fact upon the health
9examination form.
10    Exempting a child from the health, dental, or eye
11examination does not exempt the child from participation in
12the program of physical education training provided in
13Sections 27-5 through 27-7 of this Code.
14    (8.5) The school board of a school district shall include
15informational materials regarding influenza and influenza
16vaccinations and meningococcal disease and meningococcal
17vaccinations developed, provided, or approved by the
18Department of Public Health under Section 2310-700 of the
19Department of Public Health Powers and Duties Law of the Civil
20Administrative Code of Illinois when the board provides
21information on immunizations, infectious diseases,
22medications, or other school health issues to the parents or
23guardians of students.
24    (9) For the purposes of this Section, "nursery schools"
25means those nursery schools operated by elementary school
26systems or secondary level school units or institutions of

 

 

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1higher learning.
2(Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17;
3100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff.
48-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81,
5eff. 7-12-19; 101-643, eff. 6-18-20.)
 
6    Section 10. The Communicable Disease Prevention Act is
7amended by adding Section 2f as follows:
 
8    (410 ILCS 315/2f new)
9    Sec. 2f. COVID-19 vaccine. Pursuant to Section 27-8.1 of
10the School Code and notwithstanding Section 2 of this Act, the
11Department of Public Health may not adopt any rules requiring
12children to receive an immunization against COVID-19.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.