State of Illinois
92nd General Assembly

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[ House Amendment 001 ]



 1        AN ACT in relation to public health.

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

 4        Section  5.  The  Communicable  Disease Prevention Act is
 5    amended by adding Sections  0.5,  2.5,  2.10,  and  2.15  and
 6    changing Sections 1 and 2 as follows:

 7        (410 ILCS 315/0.5 new)
 8        Sec. 0.5.  Definitions. In this Act:
 9        "Department"  means  the  Illinois  Department  of Public
10    Health.
11        "Director" means the Director of Public Health.
12        "Authorized user" means any person  or  entity  that  has
13    applied  to  the Department and has signed a written contract
14    and confidentiality  agreement  and  includes  public  health
15    departments and private and public health care providers that
16    administer  immunizations.  A child care facility, school, or
17    post-secondary education institution may apply to  become  an
18    authorized user if that entity administers immunizations.
19        "Patient"   means   an  individual  receiving  or  having
20    received immunization services.
21        "Health  care  provider"   means   a   physician,   nurse
22    practitioner,  physician's  assistant, nurse, or other health
23    professional  duly  licensed  and  authorized  to  administer
24    immunizations  in  Illinois.  The  term   includes   clinics,
25    facilities,   and   hospitals   where   the  licensed  health
26    professional practices.

27        (410 ILCS 315/1) (from Ch. 111 1/2, par. 22.11)
28        Sec. 1.  Public policy.   Certain  communicable  diseases
29    such as measles, poliomyelitis and tetanus, may and do result
30    in  serious  physical  and mental disability including mental
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 1    retardation, permanent paralysis, encephalitis,  convulsions,
 2    pneumonia, and not infrequently, death.
 3        Most of these diseases attack young children, and if they
 4    have  not  been  immunized,  may  spread to other susceptible
 5    children and possibly, adults, thus, posing  serious  threats
 6    to  the  health  of the community. Effective, safe and widely
 7    used vaccines and immunization procedures have been developed
 8    and are available to prevent  these  diseases  and  to  limit
 9    their  spread.  Even  though such immunization procedures are
10    available, many children  fail  to  receive  this  protection
11    either through parental oversight, lack of concern, knowledge
12    or  interest,  or  lack of available facilities or funds. The
13    existence  of   susceptible   children   in   the   community
14    constitutes  a  health  hazard  to  the individual and to the
15    public at large by serving as a focus for the spread of these
16    communicable diseases.
17        It is declared to be the public policy of this State that
18    (i) all children shall be protected, as soon after  birth  as
19    medically   indicated,   by   the  appropriate  vaccines  and
20    immunizing procedures to prevent communicable diseases  which
21    are  or  which  may  in  the  future  become  preventable  by
22    immunization  and  (ii) all residents of the State are better
23    protected with a greater rate of immunization of children.
24        It is further declared to be the public  policy  of  this
25    State that because all children enrolled in schools and child
26    care   facilities   are  required  to  have  periodic  health
27    examinations and fulfill certain  immunization  requirements,
28    it   is   desirable   to   have  information  concerning  the
29    immunization status of individual children made available  as
30    accurately,  quickly,  and easily as possible through a State
31    immunization  registry  that  has  been  developed   by   the
32    Department.
33    (Source: P.A. 78-255; 78-303; 78-1297.)
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 1        (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
 2        Sec.   2.  Immunization   required;   exceptions.     The
 3    Department  of  Public  Health  shall  promulgate  rules  and
 4    regulations  requiring  immunization  of   children   against
 5    preventable communicable diseases designated by the Director.
 6    Before any regulation or amendment thereto is prescribed, the
 7    Department  shall  conduct  a  public  hearing regarding such
 8    regulation.  In  addition,  before  any  regulation  or   any
 9    amendment   to   a  regulation  is  adopted,  and  after  the
10    Immunization Advisory Committee has made its recommendations,
11    the State Board of Health shall conduct  3  public  hearings,
12    geographically  distributed  throughout  the State, regarding
13    the regulation  or  amendment  to  the  regulation.   At  the
14    conclusion  of  the hearings, the State Board of Health shall
15    issue  a  report,  including  its  recommendations,  to   the
16    Director.   The  Director  shall  take into consideration any
17    comments or recommendations made by the Board based on  these
18    hearings.   The Department may prescribe additional rules and
19    regulations for immunization of other  diseases  as  vaccines
20    are developed.
21        The provisions of this Act shall not apply if:
22        1.  The  parent  or  legal  guardian of the child objects
23    thereto on the grounds that the administration of  immunizing
24    agents conflicts with his religious tenets or practices or,
25        2.  A  physician employed by the parent or legal guardian
26    to provide care and treatment to the child  states  that  the
27    physical   condition   of   the   child   is  such  that  the
28    administration of one or  more  of  the  required  immunizing
29    agents would be detrimental to the health of the child.
30    (Source: P.A. 90-607, eff. 6-30-98.)

31        (410 ILCS 315/2.5 new)
32        Sec. 2.5.  State immunization registry.
33        (a)  After  June 30, 2003, immunization information for a
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 1    child who is aged 18 years or under shall be reported  within
 2    14 days to the State immunization registry by any health care
 3    provider performing those immunization services.
 4        (b)  The  State  immunization  registry is a confidential
 5    computerized system maintained by the Department  that  shall
 6    include the following:
 7             (1)  Identifying information that serves to uniquely
 8        identify each patient, including the patient's name, date
 9        of  birth, sex, race, ethnicity, place of birth, mother's
10        name, mother's date of birth, and father's name.
11             (2)  Locating information that indicates an  updated
12        location   for   each   patient,  including  address  and
13        telephone  numbers  and  the  name  of  any  health  care
14        providers who administered immunizations to the patient.
15             (3)  Immunization data that indicates  the  type  or
16        types  of  immunization  received  and the dates of those
17        immunizations.
18        (c)  The   State   immunization   registry   shall   also
19    incorporate identifying information and locating information,
20    as specified in subsection  (b),  for  every  child  born  in
21    Illinois.  This  information  shall  be  transmitted  by  the
22    Department  as  it  receives that information from a hospital
23    where a child was delivered.
24        (d)  Immunization information shall be  released  by  any
25    authorized  user,  or by the Department upon written request,
26    to a  patient,  parent,  or  legal  guardian  requesting  the
27    information.
28        (e)  The Department shall adopt rules and regulations for
29    the  procedures to be utilized in transmitting information to
30    and  receiving  information  from  the   State   immunization
31    registry  under this Section. The State immunization registry
32    shall provide immunization  information  about  a  particular
33    patient  in  a  format  that is easy to understand, including
34    information on when additional or follow-up immunizations are
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 1    recommended.
 2        (f)  No person shall  be  liable  for  civil  damages  or
 3    professional  discipline  as  a  result  of  the reporting of
 4    immunization information to the State immunization  registry,
 5    except for willful or wanton misconduct.

 6        (410 ILCS 315/2.10 new)
 7        Sec. 2.10. Enrollment.
 8        (a)  Any    health    care   provider   who   administers
 9    immunization services for a child who is  aged  18  years  or
10    under  shall  inform  the  child's  parent  or guardian about
11    immunization information that  will  be  transmitted  to  the
12    State  immunization  registry.  The  parent  or  guardian may
13    elect, for any  reason,  not  to  participate  in  the  State
14    immunization  registry  by  signing a specific form developed
15    and made available for that purpose. The health care provider
16    shall keep any such signed  form  with  the  medical  records
17    maintained for the child.
18        (b)  Upon  written  request  to  the  Department from any
19    patient over 18 years of age, the Director shall  delete  the
20    patient's  immunization  record  from  the State immunization
21    registry.

22        (410 ILCS 315/2.15 new)
23        Sec. 2.15.  Confidentiality.
24        (a)  Any   authorized   user   requesting    immunization
25    information   shall   maintain  the  confidentiality  of  the
26    information in  the  same  manner  as  other  medical  record
27    information  with  patient  identification  and shall use the
28    information only for the following purposes:
29             (1)  To provide immunization services to a  patient,
30        including    issuing    reminder    notifications    when
31        immunizations are due.
32             (2)  To   compile   aggregate  data  and  distribute
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 1        statistical reports on the  status  of  immunizations  in
 2        geographic  areas  and population groups and to assist in
 3        the management of State, county, and  local  immunization
 4        programs.
 5             (3)  To  provide  or  facilitate  provision of third
 6        party payer payments for immunizations.
 7        (b)  Each  employee  of  an  authorized  user  shall   be
 8    required to sign a confidentiality agreement as designated by
 9    the  Department  before  entering  data  into  or  retrieving
10    information  from the State immunization registry. One signed
11    agreement shall  be  returned  to  the  Department,  and  the
12    remaining signed agreements shall be kept on file at the site
13    of the health care provider.
14        (c)  Any patient, parent, or legal guardian may request a
15    limitation  on  the  transfer  of  a patient's information by
16    providing a written request  to  the  Department,  when  that
17    person  reasonably  believes  there  is a risk of harm to the
18    patient or other  family  members  if  the  person  could  be
19    located through information from the registry.
20        (d)  Unauthorized use or misuse of the State immunization
21    registry for any purposes except as specified in this Section
22    is a Class A misdemeanor.

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