Illinois General Assembly - Full Text of SB0805
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Full Text of SB0805  93rd General Assembly

SB0805 93rd General Assembly


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 1        AN ACT regarding school students.

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