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Public Act 094-0429
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| SB1220 Enrolled |
LRB094 09548 DRJ 39799 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Assisted Living and Shared Housing Act is |
amended by changing Section 76 as follows:
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(210 ILCS 9/76)
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Sec. 76. Vaccinations.
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(a) Before a prospective resident's admission to an
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assisted living establishment or shared housing establishment |
that does not provide medication administration as an optional |
service, the
establishment shall advise the prospective |
resident to consult a
physician to determine whether the |
prospective resident should obtain a
vaccination against |
pneumococcal pneumonia or influenza, or both. |
(b) An assisted living establishment or shared housing |
establishment that provides medication administration as an |
optional service shall annually administer or arrange for |
administration of a vaccination against influenza to
each
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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
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contraindicated or
the resident has refused the vaccine. |
Influenza vaccinations for all residents
age 65 or
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
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medically
contraindicated or the resident has refused the |
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vaccine. In the event that the
Advisory
Committee on |
Immunization Practices of the Centers for Disease Control and
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Prevention
determines that dates of administration other than |
those stated in this Section are
optimal to
protect the health |
of residents, the Department is authorized to adopt rules
to |
require
vaccinations at those times rather than the times |
stated in this Section. An establishment shall document in the |
resident's medication record that an annual
vaccination |
against influenza
was administered, arranged, refused, or |
medically contraindicated. |
An assisted living establishment or shared housing |
establishment that provides medication administration as an |
optional service shall administer or arrange for |
administration of a pneumococcal
vaccination to each resident |
who is age 65 or over, in accordance with the
recommendations |
of the Advisory Committee on Immunization Practices of the
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Centers
for Disease Control and Prevention, who has not |
received this immunization
prior to or
upon admission to the |
establishment, unless the resident refuses the offer for
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vaccination or the
vaccination is medically contraindicated. |
An establishment shall document in each
resident's
medication |
record that a vaccination against pneumococcal pneumonia was |
offered
and administered, arranged, refused, or medically |
contraindicated.
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(Source: P.A. 92-562, eff. 6-24-02; 93-1003, eff. 8-23-04.)
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Section 3. The Nursing Home Care Act is amended by changing |
Section 2-213 as follows:
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(210 ILCS 45/2-213)
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Sec. 2-213. Vaccinations.
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(a) A facility shall annually administer or arrange for |
administration of a vaccination against influenza to
each
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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 |
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of vaccination, unless the vaccination is medically
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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
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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.
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(b) A facility shall administer
provide or arrange for |
administration of a pneumococcal
vaccination to each resident |
who is age 65 and over, in accordance with the
recommendations |
of the Advisory Committee on Immunization Practices of the
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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.
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(Source: P.A. 93-384, eff. 7-25-03.)
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Section 5. The Home Health Agency Licensing Act is amended |
by adding Section 6.5 as follows:
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(210 ILCS 55/6.5 new) |
Sec. 6.5. Vaccinations. |
(a) A home health agency shall annually administer or |
arrange for administration of a vaccination against influenza |
to each client, 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 client has refused the vaccine. |
Influenza vaccinations for all clients age 65 or over shall be |
completed by November 30 of each year or as soon as practicable |
if vaccine supplies are not available before November 1. Home |
health clients whose services start after November 30, during |
the flu season, and until February 1 shall, as medically |
appropriate, receive an influenza vaccination prior to or upon |
service initiation or as soon as practicable if vaccine |
supplies are not available at the time of the service |
initiation, unless the vaccine is medically contraindicated or |
the client has refused the vaccine. If 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 Section are optimal to protect the |
health of clients, the Department may adopt rules to mandate |
vaccinations at those times rather than the times stated in |
this Section. A home health agency shall document in the |
client's medical record that an annual vaccination against |
influenza was administered, arranged, refused, or medically |
contraindicated. |
(b) A home health agency shall administer or arrange for |
administration of a pneumococcal vaccination, in accordance |
with the recommendations of the Advisory Committee on |
Immunization Practices of the Centers for Disease Control and |
Prevention, to each client who is age 65 or over and who has |
not received this immunization prior to or upon service |
initiation, unless the client refuses the offer for vaccination |
or the vaccination is medically contraindicated. A home health |