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Public Act 100-1042


 

Public Act 1042 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1042
 
HB4440 EnrolledLRB100 16985 MJP 32132 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Nursing Home Care Act is amended by changing
Section 2-213 as follows:
 
    (210 ILCS 45/2-213)
    Sec. 2-213. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of a vaccination against influenza to each
resident, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine.
Influenza vaccinations for all residents age 65 and over shall
be completed by November 30 of each year or as soon as
practicable if vaccine supplies are not available before
November 1. Residents admitted after November 30, during the
flu season, and until February 1 shall, as medically
appropriate, receive an influenza vaccination prior to or upon
admission or as soon as practicable if vaccine supplies are not
available at the time of the admission, unless the vaccine is
medically contraindicated or the resident has refused the
vaccine. In the event that the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than
those stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the resident's
medical record that an annual vaccination against influenza was
administered, arranged, refused or medically contraindicated.
    (b) A facility shall administer or arrange for
administration of a pneumococcal vaccination to each resident,
in accordance with the recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention, who has not received this immunization
prior to or upon admission to the facility, unless the resident
refuses the offer for vaccination or the vaccination is
medically contraindicated. A facility shall document in each
resident's medical record that a vaccination against
pneumococcal pneumonia was offered and administered, arranged,
refused, or medically contraindicated.
    (c) All persons seeking admission to a nursing facility
shall be verbally screened for risk factors associated with
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
(HIV) according to guidelines established by the U.S. Centers
for Disease Control and Prevention. Persons who are identified
as being at high risk for hepatitis B, hepatitis C, or HIV
shall be offered an opportunity to undergo laboratory testing
in order to determine infection status if they will be admitted
to the nursing facility for at least 7 days and are not known
to be infected with any of the listed viruses. All HIV testing
shall be conducted in compliance with the AIDS Confidentiality
Act. All persons determined to be susceptible to the hepatitis
B virus shall be offered immunization within 10 days of
admission to any nursing facility. A facility shall document in
the resident's medical record that he or she was verbally
screened for risk factors associated with hepatitis B,
hepatitis C, and HIV, and whether or not the resident was
immunized against hepatitis B. Nothing in this subsection (c)
shall apply to a nursing facility licensed or regulated by the
Illinois Department of Veterans' Affairs.
    (d) A skilled nursing facility shall designate a person or
persons as Infection Prevention and Control Professionals to
develop and implement policies governing control of infections
and communicable diseases. The Infection Prevention and
Control Professionals shall be qualified through education,
training, experience, or certification or a combination of such
qualifications. The Infection Prevention and Control
Professional's qualifications shall be documented and shall be
made available for inspection by the Department.
    (e) The Department shall provide facilities with
educational information on all vaccines recommended by the
Centers for Disease Control and Prevention's Advisory
Committee on Immunization Practices, including, but not
limited to, the risks associated with shingles and how to
protect oneself against the varicella-zoster virus. A facility
shall distribute the information to: (1) each resident who
requests the information; and (2) each newly admitted resident.
The facility may distribute the information to residents
electronically.
(Source: P.A. 97-107, eff. 1-1-12; 98-271, eff. 1-1-14.)
 
    Section 99. Effective date. This Act takes effect January
1, 2019.

Effective Date: 1/1/2019