093_SB0805eng SB805 Engrossed LRB093 04801 NHT 11184 b 1 AN ACT regarding school students. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 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 which the 9 Department of Public Health shall promulgate, and except as 10 hereinafter provided, all children in Illinois shall have a 11 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 23 required part of each health examination included under this 24 Section if the child resides in an area designated by the 25 Department of Public Health as having a high incidence of 26 tuberculosis. Additional health examinations of pupils, 27 including dental and vision examinations, may be required 28 when deemed necessary by school authorities. Parents are 29 encouraged to have their children undergo dental and vision 30 examinations at the same points in time required for health 31 examinations. SB805 Engrossed -2- LRB093 04801 NHT 11184 b 1 (2) The Department of Public Health shall promulgate 2 rules and regulations specifying the examinations and 3 procedures that constitute a health examination and may 4 recommend by rule that certain additional examinations be 5 performed. The rules and regulations of the Department of 6 Public Health shall specify that a tuberculosis skin test 7 screening shall be included as a required part of each health 8 examination included under this Section if the child resides 9 in an area designated by the Department of Public Health as 10 having a high incidence of tuberculosis. 11 Physicians licensed to practice medicine in all of its 12 branches, advanced practice nurses who have a written 13 collaborative agreement with a collaborating physician which 14 authorizes them to perform health examinations, or physician 15 assistants who have been delegated the performance of health 16 examinations by their supervising physician shall be 17 responsible for the performance of the health examinations, 18 other than dental examinations and vision and hearing 19 screening, and shall sign all report forms required by 20 subsection (4) of this Section that pertain to those portions 21 of the health examination for which the physician, advanced 22 practice nurse, or physician assistant is responsible. If a 23 registered nurse performs any part of a health examination, 24 then a physician licensed to practice medicine in all of its 25 branches must review and sign all required report forms. 26 Licensed dentists shall perform all dental examinations and 27 shall sign all report forms required by subsection (4) of 28 this Section that pertain to the dental examinations. 29 Physicians licensed to practice medicine in all its branches, 30 or licensed optometrists, shall perform all vision exams 31 required by school authorities and shall sign all report 32 forms required by subsection (4) of this Section that pertain 33 to the vision exam. Vision and hearing screening tests, 34 which shall not be considered examinations as that term is SB805 Engrossed -3- LRB093 04801 NHT 11184 b 1 used in this Section, shall be conducted in accordance with 2 rules and regulations of the Department of Public Health, and 3 by individuals whom the Department of Public Health has 4 certified. In these rules and regulations, the Department of 5 Public Health shall require that individuals conducting 6 vision screening tests give a child's parent or guardian 7 written notification, before the vision screening is 8 conducted, that states, "Vision screening is not a substitute 9 for a complete eye and vision evaluation by an eye doctor. 10 Your child is not required to undergo this vision screening 11 if an optometrist or ophthalmologist has completed and signed 12 a report form indicating that an examination has been 13 administered within the previous 12 months." 14 (3) Every child shall, at or about the same time as he 15 or she receives a health examination required by subsection 16 (1) of this Section, present to the local school proof of 17 having received such immunizations against preventable 18 communicable diseases as the Department of Public Health 19 shall require by rules and regulations promulgated pursuant 20 to this Section and the Communicable Disease Prevention Act. 21 (4) The individuals conducting the health examination 22 shall record the fact of having conducted the examination, 23 and such additional information as required, on uniform forms 24 which the Department of Public Health and the State Board of 25 Education shall prescribe for statewide use. The examiner 26 shall summarize on the report form any condition that he or 27 she suspects indicates a need for special services. The 28 individuals confirming the administration of required 29 immunizations shall record as indicated on the form that the 30 immunizations were administered. 31 (5) If a child does not submit proof of having had 32 either the health examination or the immunization as 33 required, then the child shall be examined or receive the 34 immunization, as the case may be, and present proof by SB805 Engrossed -4- LRB093 04801 NHT 11184 b 1 October 15 of the current school year, or by an earlier date 2 of the current school year established by a school district. 3 To establish a date before October 15 of the current school 4 year for the health examination or immunization as required, 5 a school district must give notice of the requirements of 6 this Section 60 days prior to the earlier established date. 7 If for medical reasons one or more of the required 8 immunizations must be given after October 15 of the current 9 school year, or after an earlier established date of the 10 current school year, then the child shall present, by October 11 15, or by the earlier established date, a schedule for the 12 administration of the immunizations and a statement of the 13 medical reasons causing the delay, both the schedule and the 14 statement being issued by the physician, advanced practice 15 nurse, physician assistant, registered nurse, or local health 16 department that will be responsible for administration of the 17 remaining required immunizations. If a child does not comply 18 by October 15, or by the earlier established date of the 19 current school year, with the requirements of this 20 subsection, then the local school authority shall exclude 21 that child from school until such time as the child presents 22 proof of having had the health examination as required and 23 presents proof of having received those required 24 immunizations which are medically possible to receive 25 immediately. During a child's exclusion from school for 26 noncompliance with this subsection, the child's parents or 27 legal guardian shall be considered in violation of Section 28 26-1 and subject to any penalty imposed by Section 26-10. 29 (6) Every school shall report to the State Board of 30 Education by November 15, in the manner which that agency 31 shall require, the number of children who have received the 32 necessary immunizations and the health examination as 33 required, indicating, of those who have not received the 34 immunizations and examination as required, the number of SB805 Engrossed -5- LRB093 04801 NHT 11184 b 1 children who are exempt from health examination and 2 immunization requirements on religious or medical grounds as 3 provided in subsection (8). This reported information shall 4 be provided to the Department of Public Health by the State 5 Board of Education. 6 (7) Upon determining that the number of pupils who are 7 required to be in compliance with subsection (5) of this 8 Section is below 90% of the number of pupils enrolled in the 9 school district, 10% of each State aid payment made pursuant 10 to Section 18-8 to the school district for such year shall be 11 withheld by the regional superintendent until the number of 12 students in compliance with subsection (5) is the applicable 13 specified percentage or higher. 14 (8) Parents or legal guardians who object to health 15 examinations or any part thereof, or to immunizations, on 16 religious grounds shall not be required to submit their 17 children or wards to the examinations or immunizations to 18 which they so object if such parents or legal guardians 19 present to the appropriate local school authority a signed 20 statement of objection, detailing the grounds for the 21 objection. If the physical condition of the child is such 22 that any one or more of the immunizing agents should not be 23 administered, the examining physician, advanced practice 24 nurse, or physician assistant responsible for the performance 25 of the health examination shall endorse that fact upon the 26 health examination form. Exempting a child from the health 27 examination does not exempt the child from participation in 28 the program of physical education training provided in 29 Sections 27-5 through 27-7 of this Code. 30 (9) For the purposes of this Section, "nursery schools" 31 means those nursery schools operated by elementary school 32 systems or secondary level school units or institutions of 33 higher learning. 34 (Source: P.A. 91-357, eff. 7-29-99; 92-703, eff. 7-19-02.)