State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


      105 ILCS 5/27-8.1         from Ch. 122, par. 27-8.1
          Amends the School Code.  Makes a grammatical  change  and
      revises  an  internal Section reference to certain provisions
      of the School Code.
SB781 Engrossed                                LRB9003403THcd
 1        AN ACT in relation to immunizations for school  children,
 2    amending named Acts.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  School  Code  is  amended  by  changing
 6    Section 27-8.1 as follows:
 7        (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
 8        Sec. 27-8.1.  Health examinations and immunizations.
 9        (1)  In  compliance with rules and regulations that which
10    the Department of Public Health shall promulgate, and  except
11    as  hereinafter provided, all children in Illinois shall have
12    a health examination as follows: within  one  year  prior  to
13    entering  kindergarten  or  the  first  grade  of any public,
14    private, or parochial elementary school;  upon  entering  the
15    fifth  and  ninth grades of any public, private, or parochial
16    school; prior  to  entrance  into  any  public,  private,  or
17    parochial   nursery   school;  and,  irrespective  of  grade,
18    immediately prior  to  or  upon  entrance  into  any  public,
19    private,  or  parochial  school or nursery school, each child
20    shall present proof of having  been  examined  in  accordance
21    with  this  Section and the rules and regulations promulgated
22    hereunder.
23        A tuberculosis skin test screening shall be included as a
24    required part of each health examination included under  this
25    Section  if  the  child  resides in an area designated by the
26    Department of Public Health as having  a  high  incidence  of
27    tuberculosis.   Additional  health  examinations  of  pupils,
28    including  dental  and  vision  examinations, may be required
29    when deemed necessary by  school  authorities.   Parents  are
30    encouraged to have their children undergo dental examinations
31    at the same points in time required for health examinations.
SB781 Engrossed             -2-                LRB9003403THcd
 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 shall be responsible  for  the  performance  of  the
13    health  examinations,  other  than  dental  examinations  and
14    vision and hearing screening, and shall sign all report forms
15    required  by  subsection  (4) of this Section that pertain to
16    those portions  of  the  health  examination  for  which  the
17    physician is responsible.  If a registered nurse performs any
18    part  of  a  health examination, then a physician licensed to
19    practice medicine in all of its branches must review and sign
20    all required report forms.  Licensed dentists  shall  perform
21    all  dental  examinations  and  shall  sign  all report forms
22    required by subsection (4) of this Section  that  pertain  to
23    the  dental  examinations.   Physicians  licensed to practice
24    medicine in all its branches, or licensed optometrists, shall
25    perform all vision exams required by school  authorities  and
26    shall  sign  all  report  forms required by subsection (4) of
27    this Section that pertain to the vision  exam.    Vision  and
28    hearing  screening  tests,  which  shall  not  be  considered
29    examinations  as  that term is used in this Section, shall be
30    conducted in accordance with rules  and  regulations  of  the
31    Department  of  Public  Health,  and  by individuals whom the
32    Department of Public Health has certified.
33        (3)  Every child shall, at or about the same time  as  he
34    or  she  receives a health examination required by subsection
SB781 Engrossed             -3-                LRB9003403THcd
 1    (1) of this Section, present to the local  school,  proof  of
 2    having   received   such  immunizations  against  preventable
 3    communicable diseases as  the  Department  of  Public  Health
 4    shall  require  by rules and regulations promulgated pursuant
 5    to this Section and the Communicable Disease Prevention Act.
 6        (4)  The individuals conducting  the  health  examination
 7    shall  record  the  fact of having conducted the examination,
 8    and such additional information as required, on uniform forms
 9    which the Department of Public Health and the State Board  of
10    Education  shall  prescribe  for statewide use.  The examiner
11    shall summarize on the report form any condition that  he  or
12    she  suspects  indicates  a  need  for special services.  The
13    individuals  confirming  the   administration   of   required
14    immunizations  shall record as indicated on the form that the
15    immunizations were administered.
16        (5)  If a child does  not  submit  proof  of  having  had
17    either   the   health  examination  or  the  immunization  as
18    required, then the child shall be  examined  or  receive  the
19    immunization,  as  the  case  may  be,  and  present proof by
20    October 15 of the current school year, or by an earlier  date
21    of  the current school year established by a school district.
22    To establish a date before October 15 of the  current  school
23    year  for the health examination or immunization as required,
24    a school district must give notice  of  the  requirements  of
25    this  Section  60 days prior to the earlier established date.
26    If  for  medical  reasons  one  or  more  of   the   required
27    immunizations  must  be given after October 15 of the current
28    school year, or after an  earlier  established  date  of  the
29    current school year, then the child shall present, by October
30    15,  or  by  the earlier established date, a schedule for the
31    administration of the immunizations and a  statement  of  the
32    medical  reasons causing the delay, both the schedule and the
33    statement being issued by the physician, registered nurse, or
34    local  health  department  that  will  be   responsible   for
SB781 Engrossed             -4-                LRB9003403THcd
 1    administration of the remaining required immunizations.  If a
 2    child  does  not  comply  by  October  15,  or by the earlier
 3    established  date  of  the  current  school  year,  with  the
 4    requirements  of  this  subsection,  then  the  local  school
 5    authority shall exclude that child  from  school  until  such
 6    time  as  the  child  presents proof of having had the health
 7    examination as required and presents proof of having received
 8    those required immunizations which are medically possible  to
 9    receive  immediately.  During a child's exclusion from school
10    for noncompliance with this subsection, the  child's  parents
11    or legal guardian shall be considered in violation of Section
12    26-1 and subject to any penalty imposed by Section 26-10.
13        (6)  Every  school  shall  report  to  the State Board of
14    Education by November 15, in the  manner  which  that  agency
15    shall  require,  the number of children who have received the
16    necessary  immunizations  and  the  health   examination   as
17    required,  indicating,  of  those  who  have not received the
18    immunizations and examination  as  required,  the  number  of
19    children   who   are   exempt  from  health  examination  and
20    immunization requirements  on  religious,  philosophical,  or
21    medical grounds as provided in subsection (8).  This reported
22    information  shall  be  provided  to the Department of Public
23    Health by the State Board of Education.
24        (7)  Upon determining that the number of pupils  who  are
25    required  to  be  in  compliance  with subsection (5) of this
26    Section is below 90% of the number of pupils enrolled in  the
27    school  district, 10% of each State aid payment made pursuant
28    to Section 18-8 to the school district for such year shall be
29    withheld by the regional superintendent until the  number  of
30    students  in compliance with subsection (5) is the applicable
31    specified percentage or higher.
32        (8)  Children whose parents or legal guardians object  to
33    health examinations or any part thereof, or to immunizations,
34    on  religious  or philosophical grounds shall not be required
SB781 Engrossed             -5-                LRB9003403THcd
 1    to submit their children or  wards  to  the  examinations  or
 2    immunizations  to  which  they  so  object if such parents or
 3    legal guardians  present  to  the  appropriate  local  school
 4    authority  a  signed  statement  of  objection, detailing the
 5    grounds for the objection.  If the physical condition of  the
 6    child  is  such that any one or more of the immunizing agents
 7    should  not  be   administered,   the   examining   physician
 8    responsible  for  the  performance  of the health examination
 9    shall endorse that fact upon  the  health  examination  form.
10    Exempting a child from the health examination does not exempt
11    the  child  from  participation  in  the  program of physical
12    education training provided in Sections 27-5 through 27-7  of
13    this Code.
14        (9)  For  the purposes of this Section, "nursery schools"
15    means those nursery schools  operated  by  elementary  school
16    systems  or  secondary  level school units or institutions of
17    higher learning.
18    (Source: P.A.  88-149;  89-618,  eff.  8-9-96;  89-626,  eff.
19    8-9-96.)
20        Section 10.  The Communicable Disease Prevention  Act  is
21    amended by changing Section 2 as follows:
22        (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
23        Sec. 2. Rules; application; Task Force.
24        (a)  The  Department  of  Public  Health shall promulgate
25    rules and  regulations  requiring  immunization  of  children
26    against  preventable  communicable diseases designated by the
27    Director.  Before any  regulation  or  amendment  thereto  is
28    prescribed,  the  Department  shall  conduct a public hearing
29    regarding such  regulation.   The  Department  may  prescribe
30    additional  rules  and  regulations  for  immunization for of
31    other diseases as vaccines are developed.
32        (b)  The provisions of this Act shall not apply if:
SB781 Engrossed             -6-                LRB9003403THcd
 1             1.  the parent or  guardian  of  the  child  objects
 2        thereto   on  the  grounds  that  the  administration  of
 3        immunizing agents conflicts with his or her philosophical
 4        beliefs or religious tenets or practices;  or,
 5             2.  a physician employed by the parent  or  guardian
 6        to  provide  care  and treatment to the child states that
 7        the physical condition of the  child  is  such  that  the
 8        administration  of one or more of the required immunizing
 9        agents would be detrimental to the health of the child.
10        (c)  There is created the Immunization Task Force,  which
11    shall  consist  of  12  persons.   The President and Minority
12    Leader of the Senate and the Speaker and Minority  Leader  of
13    the  House  of Representatives shall each appoint to the Task
14    Force one legislator and one parent or guardian  of  a  child
15    required  to  be  immunized.   The remaining 4 members of the
16    Task Force shall be  appointed  by  the  Director  of  Public
17    Health.   The  legislative  members  appointed  by the Senate
18    President and  the  Speaker  of  the  House  shall  serve  as
19    co-chairs of the Task Force.
20        The  Immunization  Task Force shall review the process by
21    which the Department of Public Health establishes and revises
22    immunization requirements under this Act and  Section  27-8.1
23    of the School Code.  The Immunization Task Force shall report
24    its  findings  and  recommendations to the Department and the
25    General Assembly by February 1, 1998.
26    (Source: P.A. 85-828.)
27        Section 99. Effective date.  This Act takes  effect  upon
28    becoming law.

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