Illinois General Assembly - Full Text of HB3904
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Full Text of HB3904  93rd General Assembly

HB3904 93rd General Assembly


093_HB3904

                                     LRB093 13393 DRJ 18699 b

 1        AN ACT in relation to 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 Section
 5    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        The  health examination required under this Section shall
23    include a  dental  examination.   A  tuberculosis  skin  test
24    screening shall be included as a required part of each health
25    examination  included under this Section if the child resides
26    in an area designated by the Department of Public  Health  as
27    having  a  high incidence of tuberculosis.  Additional health
28    examinations  of  pupils,   including   dental   and   vision
29    examinations, may be required when deemed necessary by school
30    authorities.   Parents  are encouraged to have their children
31    undergo dental and vision examinations at the same points  in
 
                            -2-      LRB093 13393 DRJ 18699 b
 1    time required for health examinations.
 2        (2)  The  Department  of  Public  Health shall promulgate
 3    rules  and  regulations  specifying  the   examinations   and
 4    procedures  that  constitute  a  health  examination  and may
 5    recommend by rule that  certain  additional  examinations  be
 6    performed.  The  rules  and  regulations of the Department of
 7    Public Health shall specify that  a  tuberculosis  skin  test
 8    screening shall be included as a required part of each health
 9    examination  included under this Section if the child resides
10    in an area designated by the Department of Public  Health  as
11    having  a  high  incidence of tuberculosis. The Department of
12    Public Health shall specify  that  a  diabetes  screening  as
13    defined  by rule shall be included as a required part of each
14    health examination.  Diabetes testing is not required.
15        Physicians licensed to practice medicine in  all  of  its
16    branches,   advanced  practice  nurses  who  have  a  written
17    collaborative agreement with a collaborating physician  which
18    authorizes  them to perform health examinations, or physician
19    assistants who have been delegated the performance of  health
20    examinations   by   their   supervising  physician  shall  be
21    responsible for the performance of the  health  examinations,
22    other   than  dental  examinations  and  vision  and  hearing
23    screening, and  shall  sign  all  report  forms  required  by
24    subsection (4) of this Section that pertain to those portions
25    of  the  health examination for which the physician, advanced
26    practice nurse, or physician assistant is responsible.  If  a
27    registered  nurse  performs any part of a health examination,
28    then a physician licensed to practice medicine in all of  its
29    branches  must  review  and  sign  all required report forms.
30    Licensed dentists shall perform all dental  examinations  and
31    shall  sign  all  report  forms required by subsection (4) of
32    this  Section  that  pertain  to  the  dental   examinations.
33    Physicians licensed to practice medicine in all its branches,
34    or  licensed  optometrists,  shall  perform  all vision exams
 
                            -3-      LRB093 13393 DRJ 18699 b
 1    required by school authorities  and  shall  sign  all  report
 2    forms required by subsection (4) of this Section that pertain
 3    to  the  vision  exam.   Vision  and hearing screening tests,
 4    which shall not be considered examinations as  that  term  is
 5    used  in  this Section, shall be conducted in accordance with
 6    rules and regulations of the Department of Public Health, and
 7    by individuals whom  the  Department  of  Public  Health  has
 8    certified.  In these rules and regulations, the Department of
 9    Public  Health  shall  require  that  individuals  conducting
10    vision screening tests give  a  child's  parent  or  guardian
11    written   notification,   before   the  vision  screening  is
12    conducted, that states, "Vision screening is not a substitute
13    for a complete eye and vision evaluation by  an  eye  doctor.
14    Your  child  is not required to undergo this vision screening
15    if an optometrist or ophthalmologist has completed and signed
16    a  report  form  indicating  that  an  examination  has  been
17    administered within the previous 12 months."
18        (3)  Every child shall, at or about the same time  as  he
19    or  she  receives a health examination required by subsection
20    (1) of this Section, present to the  local  school  proof  of
21    having   received   such  immunizations  against  preventable
22    communicable diseases as  the  Department  of  Public  Health
23    shall  require  by rules and regulations promulgated pursuant
24    to this Section and the Communicable Disease Prevention Act.
25        (4)  The individuals conducting  the  health  examination
26    shall  record  the  fact of having conducted the examination,
27    and such additional information as required, on uniform forms
28    which the Department of Public Health and the State Board  of
29    Education  shall  prescribe  for statewide use.  The examiner
30    shall summarize on the report form any condition that  he  or
31    she  suspects  indicates  a  need  for special services.  The
32    individuals  confirming  the   administration   of   required
33    immunizations  shall record as indicated on the form that the
34    immunizations were administered.
 
                            -4-      LRB093 13393 DRJ 18699 b
 1        (5)  If a child does  not  submit  proof  of  having  had
 2    either   the   health  examination  or  the  immunization  as
 3    required, then the child shall be  examined  or  receive  the
 4    immunization,  as  the  case  may  be,  and  present proof by
 5    October 15 of the current school year, or by an earlier  date
 6    of  the current school year established by a school district.
 7    To establish a date before October 15 of the  current  school
 8    year  for the health examination or immunization as required,
 9    a school district must give notice  of  the  requirements  of
10    this  Section  60 days prior to the earlier established date.
11    If  for  medical  reasons  one  or  more  of   the   required
12    immunizations  must  be given after October 15 of the current
13    school year, or after an  earlier  established  date  of  the
14    current school year, then the child shall present, by October
15    15,  or  by  the earlier established date, a schedule for the
16    administration of the immunizations and a  statement  of  the
17    medical  reasons causing the delay, both the schedule and the
18    statement being issued by the  physician,  advanced  practice
19    nurse, physician assistant, registered nurse, or local health
20    department that will be responsible for administration of the
21    remaining required immunizations.  If a child does not comply
22    by  October  15,  or  by  the earlier established date of the
23    current  school  year,  with   the   requirements   of   this
24    subsection,  then  the  local  school authority shall exclude
25    that child from school until such time as the child  presents
26    proof  of  having  had the health examination as required and
27    presents   proof   of   having   received   those    required
28    immunizations   which   are  medically  possible  to  receive
29    immediately.  During a  child's  exclusion  from  school  for
30    noncompliance  with  this  subsection, the child's parents or
31    legal guardian shall be considered in  violation  of  Section
32    26-1 and subject to any penalty imposed by Section 26-10.
33        (6)  Every  school  shall  report  to  the State Board of
34    Education by November 15, in the  manner  which  that  agency
 
                            -5-      LRB093 13393 DRJ 18699 b
 1    shall  require,  the number of children who have received the
 2    necessary  immunizations  and  the  health   examination   as
 3    required,  indicating,  of  those  who  have not received the
 4    immunizations and examination  as  required,  the  number  of
 5    children   who   are   exempt  from  health  examination  and
 6    immunization requirements on religious or medical grounds  as
 7    provided  in subsection (8).  This reported information shall
 8    be provided to the Department of Public Health by  the  State
 9    Board of Education.
10        (7)  Upon  determining  that the number of pupils who are
11    required to be in compliance  with  subsection  (5)  of  this
12    Section  is below 90% of the number of pupils enrolled in the
13    school district, 10% of each State aid payment made  pursuant
14    to Section 18-8 to the school district for such year shall be
15    withheld  by  the regional superintendent until the number of
16    students in compliance with subsection (5) is the  applicable
17    specified percentage or higher.
18        (8)  Parents  or  legal  guardians  who  object to health
19    examinations or any part thereof,  or  to  immunizations,  on
20    religious  grounds  shall  not  be  required  to submit their
21    children or wards to the  examinations  or  immunizations  to
22    which  they  so  object  if  such  parents or legal guardians
23    present to the appropriate local school  authority  a  signed
24    statement   of  objection,  detailing  the  grounds  for  the
25    objection.  If the physical condition of the  child  is  such
26    that  any  one or more of the immunizing agents should not be
27    administered,  the  examining  physician,  advanced  practice
28    nurse, or physician assistant responsible for the performance
29    of the health examination shall endorse that  fact  upon  the
30    health  examination  form.  Exempting a child from the health
31    examination does not exempt the child from  participation  in
32    the  program  of  physical  education  training  provided  in
33    Sections 27-5 through 27-7 of this Code.
34        (9)  For  the purposes of this Section, "nursery schools"
 
                            -6-      LRB093 13393 DRJ 18699 b
 1    means those nursery schools  operated  by  elementary  school
 2    systems  or  secondary  level school units or institutions of
 3    higher learning.
 4    (Source: P.A. 92-703,  eff.  7-19-02;  93-504,  eff.  1-1-04;
 5    93-530, eff. 1-1-04; revised 9-11-03.)