093_SB0233sam001
LRB093 07690 NHT 14129 a
1 AMENDMENT TO SENATE BILL 233
2 AMENDMENT NO. . Amend Senate Bill 233 by replacing
3 everything after the enacting clause with the following:
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 that which
9 the Department of Public Health shall promulgate, and except
10 as hereinafter provided, all children in Illinois shall have
11 a 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
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1 required part of each health examination included under this
2 Section if the child resides in an area designated by the
3 Department of Public Health as having a high incidence of
4 tuberculosis. Additional health examinations of pupils,
5 including dental and vision examinations, may be required
6 when deemed necessary by school authorities. Parents are
7 encouraged to have their children undergo dental examinations
8 at the same points in time required for health examinations.
9 (2) The Department of Public Health shall promulgate
10 rules and regulations specifying the examinations and
11 procedures that constitute a health examination and may
12 recommend by rule that certain additional examinations be
13 performed. The rules and regulations of the Department of
14 Public Health shall specify that a tuberculosis skin test
15 screening shall be included as a required part of each health
16 examination included under this Section if the child resides
17 in an area designated by the Department of Public Health as
18 having a high incidence of tuberculosis.
19 Physicians licensed to practice medicine in all of its
20 branches, advanced practice nurses who have a written
21 collaborative agreement with a collaborating physician which
22 authorizes them to perform health examinations, or physician
23 assistants who have been delegated the performance of health
24 examinations by their supervising physician shall be
25 responsible for the performance of the health examinations,
26 other than dental examinations and vision and hearing
27 screening, and shall sign all report forms required by
28 subsection (4) of this Section that pertain to those portions
29 of the health examination for which the physician, advanced
30 practice nurse, or physician assistant is responsible. If a
31 registered nurse performs any part of a health examination,
32 then a physician licensed to practice medicine in all of its
33 branches must review and sign all required report forms.
34 Licensed dentists shall perform all dental examinations and
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1 shall sign all report forms required by subsection (4) of
2 this Section that pertain to the dental examinations.
3 Physicians licensed to practice medicine in all its branches,
4 or licensed optometrists, shall perform all vision exams
5 required by school authorities and shall sign all report
6 forms required by subsection (4) of this Section that pertain
7 to the vision exam. Vision and hearing screening tests,
8 which shall not be considered examinations as that term is
9 used in this Section, shall be conducted in accordance with
10 rules and regulations of the Department of Public Health, and
11 by individuals whom the Department of Public Health has
12 certified.
13 (3) Every child shall, at or about the same time as he
14 or she receives a health examination required by subsection
15 (1) of this Section, present to the local school proof of
16 having received such immunizations against preventable
17 communicable diseases as the Department of Public Health
18 shall require by rules and regulations promulgated pursuant
19 to this Section and the Communicable Disease Prevention Act.
20 (4) The individuals conducting the health examination
21 shall record the fact of having conducted the examination,
22 and such additional information as required, on uniform forms
23 which the Department of Public Health and the State Board of
24 Education shall prescribe for statewide use. The examiner
25 shall summarize on the report form any condition that he or
26 she suspects indicates a need for special services. The
27 individuals confirming the administration of required
28 immunizations shall record as indicated on the form that the
29 immunizations were administered.
30 (5) If a child does not submit proof of having had
31 either the health examination or the immunization as
32 required, then the child shall be examined or receive the
33 immunization, as the case may be, and present proof by
34 October 15 of the current school year, or by an earlier date
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1 of the current school year established by a school district.
2 To establish a date before October 15 of the current school
3 year for the health examination or immunization as required,
4 a school district must give notice of the requirements of
5 this Section 60 days prior to the earlier established date.
6 If for medical reasons one or more of the required
7 immunizations must be given after October 15 of the current
8 school year, or after an earlier established date of the
9 current school year, then the child shall present, by October
10 15, or by the earlier established date, a schedule for the
11 administration of the immunizations and a statement of the
12 medical reasons causing the delay, both the schedule and the
13 statement being issued by the physician, advanced practice
14 nurse, physician assistant, registered nurse, or local health
15 department that will be responsible for administration of the
16 remaining required immunizations. If a child does not comply
17 by October 15, or by the earlier established date of the
18 current school year, with the requirements of this
19 subsection, then the local school authority shall exclude
20 that child from school until such time as the child presents
21 proof of having had the health examination as required and
22 presents proof of having received those required
23 immunizations which are medically possible to receive
24 immediately. During a child's exclusion from school for
25 noncompliance with this subsection, the child's parents or
26 legal guardian shall be considered in violation of Section
27 26-1 and subject to any penalty imposed by Section 26-10.
28 (6) Every school shall report to the State Board of
29 Education by November 15, in the manner which that agency
30 shall require, the number of children who have received the
31 necessary immunizations and the health examination as
32 required, indicating, of those who have not received the
33 immunizations and examination as required, the number of
34 children who are exempt from health examination and
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1 immunization requirements on religious or medical grounds as
2 provided in subsection (8). This reported information shall
3 be provided to the Department of Public Health by the State
4 Board of Education.
5 (7) Upon determining that the number of pupils who are
6 required to be in compliance with subsection (5) of this
7 Section is below 90% of the number of pupils enrolled in the
8 school district, 10% of each State aid payment made pursuant
9 to Section 18-8 to the school district for such year shall be
10 withheld by the regional superintendent until the number of
11 students in compliance with subsection (5) is the applicable
12 specified percentage or higher.
13 (8) Parents or legal guardians who object to health
14 examinations or any part thereof, or to immunizations, on
15 religious grounds shall not be required to submit their
16 children or wards to the examinations or immunizations to
17 which they so object if such parents or legal guardians
18 present to the appropriate local school authority a signed
19 statement of objection, detailing the grounds for the
20 objection. If the physical condition of the child is such
21 that any one or more of the immunizing agents should not be
22 administered, the examining physician, advanced practice
23 nurse, or physician assistant responsible for the performance
24 of the health examination shall endorse that fact upon the
25 health examination form. Exempting a child from the health
26 examination does not exempt the child from participation in
27 the program of physical education training provided in
28 Sections 27-5 through 27-7 of this Code.
29 (9) For the purposes of this Section, "nursery schools"
30 means those nursery schools operated by elementary school
31 systems or secondary level school units or institutions of
32 higher learning.
33 (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)".