093_HB1441

 
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 1        AN ACT concerning schools.

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

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 27-8.1 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
 9    Department of Public Health shall promulgate, and  except  as
10    hereinafter  provided,  all children in Illinois shall have a
11    health examination as  follows:  within  one  year  prior  to
12    entering  kindergarten  or  the  first  grade  of any public,
13    private, or parochial elementary school;  upon  entering  the
14    fifth  and  ninth grades of any public, private, or parochial
15    school; prior  to  entrance  into  any  public,  private,  or
16    parochial   nursery   school;  and,  irrespective  of  grade,
17    immediately prior  to  or  upon  entrance  into  any  public,
18    private,  or  parochial  school or nursery school, each child
19    shall present proof of having  been  examined  in  accordance
20    with  this  Section and the rules and regulations promulgated
21    hereunder.
22        A tuberculosis skin test screening shall be included as a
23    required part of each health examination included under  this
24    Section  if  the  child  resides in an area designated by the
25    Department of Public Health as having  a  high  incidence  of
26    tuberculosis.   Additional  health  examinations  of  pupils,
27    including  dental  and  vision  examinations, may be required
28    when deemed necessary by  school  authorities.   Parents  are
29    encouraged to have their children undergo dental examinations
30    at the same points in time required for health examinations.
31        (2)  The  Department  of  Public  Health shall promulgate
 
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 1    rules  and  regulations  specifying  the   examinations   and
 2    procedures  that  constitute  a  health  examination  and may
 3    recommend by rule that  certain  additional  examinations  be
 4    performed.  The  rules  and  regulations of the Department of
 5    Public Health shall specify that  a  tuberculosis  skin  test
 6    screening shall be included as a required part of each health
 7    examination  included under this Section if the child resides
 8    in an area designated by the Department of Public  Health  as
 9    having a high incidence of tuberculosis.
10        Physicians  licensed  under  the  Medical Practice Act of
11    1987 to practice medicine in all of  its  branches,  advanced
12    practice  nurses  who  have a written collaborative agreement
13    with a  collaborating  physician  which  authorizes  them  to
14    perform health examinations, or physician assistants who have
15    been  delegated  the  performance  of  health examinations by
16    their supervising physician  shall  be  responsible  for  the
17    performance  of  the  health  examinations, other than dental
18    examinations and vision and hearing screening, and shall sign
19    all report forms required by subsection (4) of  this  Section
20    that  pertain to those portions of the health examination for
21    which the physician, advanced practice  nurse,  or  physician
22    assistant is responsible.  If a registered nurse performs any
23    part  of  a  health examination, then a physician licensed to
24    practice medicine in all of its branches must review and sign
25    all required report forms.  Licensed dentists  shall  perform
26    all  dental  examinations  and  shall  sign  all report forms
27    required by subsection (4) of this Section  that  pertain  to
28    the  dental  examinations.   Physicians  licensed to practice
29    medicine in all its branches, or licensed optometrists, shall
30    perform all vision exams required by school  authorities  and
31    shall  sign  all  report  forms required by subsection (4) of
32    this Section that pertain to the  vision  exam.   Vision  and
33    hearing  screening  tests,  which  shall  not  be  considered
34    examinations  as  that term is used in this Section, shall be
 
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 1    conducted in accordance with rules  and  regulations  of  the
 2    Department  of  Public  Health,  and  by individuals whom the
 3    Department of Public Health has certified.
 4        (3)  Every child shall, at or about the same time  as  he
 5    or  she  receives a health examination required by subsection
 6    (1) of this Section, present to the  local  school  proof  of
 7    having   received   such  immunizations  against  preventable
 8    communicable diseases as  the  Department  of  Public  Health
 9    shall  require  by rules and regulations promulgated pursuant
10    to this Section and the Communicable Disease Prevention Act.
11        (4)  The individuals conducting  the  health  examination
12    shall  record  the  fact of having conducted the examination,
13    and such additional information as required, on uniform forms
14    which the Department of Public Health and the State Board  of
15    Education  shall  prescribe  for statewide use.  The examiner
16    shall summarize on the report form any condition that  he  or
17    she  suspects  indicates  a  need  for special services.  The
18    individuals  confirming  the   administration   of   required
19    immunizations  shall record as indicated on the form that the
20    immunizations were administered.
21        (5)  If a child does  not  submit  proof  of  having  had
22    either   the   health  examination  or  the  immunization  as
23    required, then the child shall be  examined  or  receive  the
24    immunization,  as  the  case  may  be,  and  present proof by
25    October 15 of the current school year, or by an earlier  date
26    of  the current school year established by a school district.
27    To establish a date before October 15 of the  current  school
28    year  for the health examination or immunization as required,
29    a school district must give notice  of  the  requirements  of
30    this  Section  60 days prior to the earlier established date.
31    If  for  medical  reasons  one  or  more  of   the   required
32    immunizations  must  be given after October 15 of the current
33    school year, or after an  earlier  established  date  of  the
34    current school year, then the child shall present, by October
 
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 1    15,  or  by  the earlier established date, a schedule for the
 2    administration of the immunizations and a  statement  of  the
 3    medical  reasons causing the delay, both the schedule and the
 4    statement being issued by the  physician,  advanced  practice
 5    nurse, physician assistant, registered nurse, or local health
 6    department that will be responsible for administration of the
 7    remaining required immunizations.  If a child does not comply
 8    by  October  15,  or  by  the earlier established date of the
 9    current  school  year,  with   the   requirements   of   this
10    subsection,  then  the  local  school authority shall exclude
11    that child from school until such time as the child  presents
12    proof  of  having  had the health examination as required and
13    presents   proof   of   having   received   those    required
14    immunizations   which   are  medically  possible  to  receive
15    immediately.  During a  child's  exclusion  from  school  for
16    noncompliance  with  this  subsection, the child's parents or
17    legal guardian shall be considered in  violation  of  Section
18    26-1 and subject to any penalty imposed by Section 26-10.
19        (6)  Every  school  shall  report  to  the State Board of
20    Education by November 15, in the  manner  which  that  agency
21    shall  require,  the number of children who have received the
22    necessary  immunizations  and  the  health   examination   as
23    required,  indicating,  of  those  who  have not received the
24    immunizations and examination  as  required,  the  number  of
25    children   who   are   exempt  from  health  examination  and
26    immunization requirements on religious or medical grounds  as
27    provided  in subsection (8).  This reported information shall
28    be provided to the Department of Public Health by  the  State
29    Board of Education.
30        (7)  Upon  determining  that the number of pupils who are
31    required to be in compliance  with  subsection  (5)  of  this
32    Section  is below 90% of the number of pupils enrolled in the
33    school district, 10% of each State aid payment made  pursuant
34    to Section 18-8 to the school district for such year shall be
 
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 1    withheld  by  the regional superintendent until the number of
 2    students in compliance with subsection (5) is the  applicable
 3    specified percentage or higher.
 4        (8)  Parents  or  legal  guardians  who  object to health
 5    examinations or any part thereof,  or  to  immunizations,  on
 6    religious  grounds  shall  not  be  required  to submit their
 7    children or wards to the  examinations  or  immunizations  to
 8    which  they  so  object  if  such  parents or legal guardians
 9    present to the appropriate local school  authority  a  signed
10    statement   of  objection,  detailing  the  grounds  for  the
11    objection.  If the physical condition of the  child  is  such
12    that  any  one or more of the immunizing agents should not be
13    administered,  the  examining  physician,  advanced  practice
14    nurse, or physician assistant responsible for the performance
15    of the health examination shall endorse that  fact  upon  the
16    health  examination  form.  Exempting a child from the health
17    examination does not exempt the child from  participation  in
18    the  program  of  physical  education  training  provided  in
19    Sections 27-5 through 27-7 of this Code.
20        (9)  For  the purposes of this Section, "nursery schools"
21    means those nursery schools  operated  by  elementary  school
22    systems  or  secondary  level school units or institutions of
23    higher learning.
24    (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)

25        Section 99.  Effective date.  This Act takes effect  July
26    1, 2003.