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
 
                            -2-      LRB093 07690 NHT 14129 a
 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
 
                            -3-      LRB093 07690 NHT 14129 a
 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
 
                            -4-      LRB093 07690 NHT 14129 a
 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
 
                            -5-      LRB093 07690 NHT 14129 a
 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.)".