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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||||
5 | 27-8.1 as follows:
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6 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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7 | Sec. 27-8.1. Health examinations and immunizations.
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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
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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
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16 | parochial nursery school; and, irrespective of grade, | ||||||||||||||||||||||||||
17 | immediately prior to or
upon entrance into any public, private, | ||||||||||||||||||||||||||
18 | or parochial school or nursery school,
each child shall present | ||||||||||||||||||||||||||
19 | proof of having been examined in accordance with this
Section | ||||||||||||||||||||||||||
20 | and the rules and regulations promulgated hereunder.
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21 | A tuberculosis skin test screening shall be included as a | ||||||||||||||||||||||||||
22 | required part of
each health examination included under this | ||||||||||||||||||||||||||
23 | Section if the child resides in an
area designated by the | ||||||||||||||||||||||||||
24 | Department of Public Health as having a high incidence
of | ||||||||||||||||||||||||||
25 | tuberculosis. Additional health examinations of pupils, | ||||||||||||||||||||||||||
26 | including dental
and vision examinations, may be required when | ||||||||||||||||||||||||||
27 | deemed necessary by school
authorities. Parents are encouraged | ||||||||||||||||||||||||||
28 | to have their children undergo dental
and vision examinations | ||||||||||||||||||||||||||
29 | at the same points in time required for health
examinations.
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30 | (2) The Department of Public Health shall promulgate rules | ||||||||||||||||||||||||||
31 | and regulations
specifying the examinations and procedures | ||||||||||||||||||||||||||
32 | that constitute a health examination , which shall include the |
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1 | collection of data relating to obesity, including at a minimum, | ||||||
2 | date of birth, gender, height, weight, blood pressure, waist | ||||||
3 | circumference, and date of exam,
and may recommend by rule that | ||||||
4 | certain additional examinations be performed.
The rules and | ||||||
5 | regulations of the Department of Public Health shall specify | ||||||
6 | that
a tuberculosis skin test screening shall be included as a | ||||||
7 | required part of each
health examination included under this | ||||||
8 | Section if the child resides in an area
designated by the | ||||||
9 | Department of Public Health as having a high incidence of
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10 | tuberculosis.
The Department of Public Health shall specify | ||||||
11 | that a diabetes
screening as defined by rule shall be included | ||||||
12 | as a required part of each
health examination.
Diabetes testing | ||||||
13 | is not required.
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14 | Physicians licensed to practice medicine in all of its | ||||||
15 | branches, advanced
practice nurses who have a written | ||||||
16 | collaborative agreement with
a collaborating physician which | ||||||
17 | authorizes them to perform health
examinations, or physician | ||||||
18 | assistants who have been delegated the
performance of health | ||||||
19 | examinations by their supervising physician
shall be
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20 | responsible for the performance of the health examinations, | ||||||
21 | other than dental
examinations and vision and hearing | ||||||
22 | screening, and shall sign all report forms
required by | ||||||
23 | subsection (4) of this Section that pertain to those portions | ||||||
24 | of
the health examination for which the physician, advanced | ||||||
25 | practice nurse, or
physician assistant is responsible.
If a | ||||||
26 | registered
nurse performs any part of a health examination, | ||||||
27 | then a physician licensed to
practice medicine in all of its | ||||||
28 | branches must review and sign all required
report forms. | ||||||
29 | Licensed dentists shall perform all dental examinations and
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30 | shall sign all report forms required by subsection (4) of this | ||||||
31 | Section that
pertain to the dental examinations. Physicians | ||||||
32 | licensed to practice medicine
in all its branches, or licensed | ||||||
33 | optometrists, shall perform all vision exams
required by school | ||||||
34 | authorities and shall sign all report forms required by
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35 | subsection (4) of this Section that pertain to the vision exam. | ||||||
36 | Vision and
hearing screening tests, which shall not be |
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1 | considered examinations as that
term is used in this Section, | ||||||
2 | shall be conducted in accordance with rules and
regulations of | ||||||
3 | the Department of Public Health, and by individuals whom the
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4 | Department of Public Health has certified.
In these rules and | ||||||
5 | regulations, the Department of Public Health shall
require that | ||||||
6 | individuals conducting vision screening tests give a child's
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7 | parent or guardian written notification, before the vision | ||||||
8 | screening is
conducted, that states, "Vision screening is not a | ||||||
9 | substitute for a
complete eye and vision evaluation by an eye | ||||||
10 | doctor. Your child is not
required to undergo this vision | ||||||
11 | screening if an optometrist or
ophthalmologist has completed | ||||||
12 | and signed a report form indicating that
an examination has | ||||||
13 | been administered within the previous 12 months."
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14 | (3) Every child shall, at or about the same time as he or | ||||||
15 | she receives
a health examination required by subsection (1) of | ||||||
16 | this Section, present
to the local school proof of having | ||||||
17 | received such immunizations against
preventable communicable | ||||||
18 | diseases as the Department of Public Health shall
require by | ||||||
19 | rules and regulations promulgated pursuant to this Section and | ||||||
20 | the
Communicable Disease Prevention Act.
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21 | (4) The individuals conducting the health examination | ||||||
22 | shall record the
fact of having conducted the examination, and | ||||||
23 | such additional information as
required, including data | ||||||
24 | relating to obesity, including at a minimum, date of birth, | ||||||
25 | gender, height, weight, blood pressure, waist circumference | ||||||
26 | and date of exam, on uniform forms which the Department of | ||||||
27 | Public Health and the State
Board of Education shall prescribe | ||||||
28 | for statewide use. The examiner shall
summarize on the report | ||||||
29 | form any condition that he or she suspects indicates a
need for | ||||||
30 | special services , including factors relating to obesity . The | ||||||
31 | individuals confirming the administration of
required | ||||||
32 | immunizations shall record as indicated on the form that the
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33 | immunizations were administered.
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34 | (5) If a child does not submit proof of having had either | ||||||
35 | the health
examination or the immunization as required, then | ||||||
36 | the child shall be examined
or receive the immunization, as the |
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1 | case may be, and present proof by October
15 of the current | ||||||
2 | school year, or by an earlier date of the current school year
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3 | established by a school district. To establish a date before | ||||||
4 | October 15 of the
current school year for the health | ||||||
5 | examination or immunization as required, a
school district must | ||||||
6 | give notice of the requirements of this Section 60 days
prior | ||||||
7 | to the earlier established date. If for medical reasons one or | ||||||
8 | more of
the required immunizations must be given after October | ||||||
9 | 15 of the current school
year, or after an earlier established | ||||||
10 | date of the current school year, then
the child shall present, | ||||||
11 | by October 15, or by the earlier established date, a
schedule | ||||||
12 | for the administration of the immunizations and a statement of | ||||||
13 | the
medical reasons causing the delay, both the schedule and | ||||||
14 | the 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 by | ||||||
18 | October 15, or by the earlier established date of
the current | ||||||
19 | school year, with the requirements of this subsection, then the
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20 | local school authority shall exclude that child from school | ||||||
21 | until such time as
the child presents proof of having had the | ||||||
22 | health examination as required and
presents proof of having | ||||||
23 | received those required immunizations which are
medically | ||||||
24 | possible to receive immediately. During a child's exclusion | ||||||
25 | from
school for noncompliance with this subsection, the child's | ||||||
26 | parents or legal
guardian shall be considered in violation of | ||||||
27 | Section 26-1 and subject to any
penalty imposed by Section | ||||||
28 | 26-10.
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29 | (6) Every school shall report to the State Board of | ||||||
30 | Education by November
15, in the manner which that agency shall | ||||||
31 | require, the number of children who
have received the necessary | ||||||
32 | immunizations and the health examination as
required, | ||||||
33 | indicating, of those who have not received the immunizations | ||||||
34 | and
examination as required, the number of children who are | ||||||
35 | exempt from health
examination and immunization requirements | ||||||
36 | on religious or medical grounds as
provided in subsection (8). |
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1 | This reported information shall be provided to the
Department | ||||||
2 | of Public Health by the State Board of Education.
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3 | (7) Upon determining that the number of pupils who are | ||||||
4 | required to be in
compliance with subsection (5) of this | ||||||
5 | Section is below 90% of the number of
pupils enrolled in the | ||||||
6 | school district, 10% of each State aid payment made
pursuant to | ||||||
7 | Section 18-8 to the school district for such year shall be | ||||||
8 | withheld
by the regional superintendent until the number of | ||||||
9 | students in compliance with
subsection (5) is the applicable | ||||||
10 | specified percentage or higher.
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11 | (8) Parents or legal guardians who object to health
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12 | examinations or any part thereof, or to immunizations, on | ||||||
13 | religious grounds
shall not be required to submit their | ||||||
14 | children or wards to the examinations
or immunizations to which | ||||||
15 | they so object if such parents or legal guardians
present to | ||||||
16 | the appropriate local school authority a signed statement of
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17 | objection, detailing the grounds for the objection. If the | ||||||
18 | physical condition
of the child is such that any one or more of | ||||||
19 | the immunizing agents should not
be administered, the examining | ||||||
20 | physician, advanced practice nurse, or
physician assistant | ||||||
21 | responsible for the performance of the
health examination shall | ||||||
22 | endorse that fact upon the health examination form.
Exempting a | ||||||
23 | child from the health examination does not exempt the child | ||||||
24 | from
participation in the program of physical education | ||||||
25 | training provided in
Sections 27-5 through 27-7 of this Code.
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26 | (9) For the purposes of this Section, "nursery schools" | ||||||
27 | means those nursery
schools operated by elementary school | ||||||
28 | systems or secondary level school units
or institutions of | ||||||
29 | higher learning.
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30 | (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | ||||||
31 | 93-530, eff.
1-1-04; revised 9-11-03.)
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32 | Section 10. The Illinois Health Statistics Act is amended | ||||||
33 | by changing Section 4 as follows:
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34 | (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
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1 | Sec. 4. (a) In carrying out the purposes of this Act, the | ||||||
2 | Department may:
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3 | (1) Collect and maintain health data on:
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4 | (i) The extent, nature, and impact of illness , including | ||||||
5 | factors relating to obesity and disability on the population
of | ||||||
6 | the State;
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7 | (ii) The determinants of health and health hazards | ||||||
8 | including obesity ;
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9 | (iii) Health resources, including the extent of available | ||||||
10 | manpower and resources;
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11 | (iv) Utilization of health care;
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12 | (v) Health care costs and financing; and
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13 | (vi) Other health or health-related matters.
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14 | (2) Undertake and support research, demonstrations, and | ||||||
15 | evaluations respecting
new or improved methods for obtaining | ||||||
16 | current data on the matters referred
to in subparagraph (1).
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17 | (b) The Department may collect health data under authority | ||||||
18 | granted by
any unit of local government and on behalf of other | ||||||
19 | governmental or not-for-profit
organizations , including data | ||||||
20 | collected by local schools and the State Board of Education | ||||||
21 | relating to obesity on the health examination form required | ||||||
22 | pursuant to Section 27-8.1 of the School Code .
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23 | (c) The Department shall collect data only on a voluntary | ||||||
24 | basis from individuals
and organizations, except when there is | ||||||
25 | specific legal authority to compel
the mandatory reporting of | ||||||
26 | the health data so requested. In making any collection
of | ||||||
27 | health data from an individual or organization the Department | ||||||
28 | must give
to such individual or organization a written | ||||||
29 | statement which states:
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30 | (1) Whether the individual or organization is required to | ||||||
31 | respond, and
any sanctions for noncompliance;
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32 | (2) The purposes for which the health data are being | ||||||
33 | collected; and
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34 | (3) In the case of any disclosure of identifiable health | ||||||
35 | data for other
than research and statistical purposes, the | ||||||
36 | items to be disclosed, to whom
the data are to be disclosed and |
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1 | the purposes for which the data are to be disclosed.
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2 | (d) Except as provided in Section 5, no health data | ||||||
3 | obtained in the course
of activities undertaken or supported | ||||||
4 | under this Act may be used for any purpose
other than the | ||||||
5 | purpose for which they were supplied or for which the | ||||||
6 | individual
or organization described in the data has otherwise | ||||||
7 | consented.
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8 | (e) The Department shall take such actions as may be | ||||||
9 | necessary to assure
that statistics developed under this Act | ||||||
10 | are of high quality, timely, comprehensive,
as well as | ||||||
11 | specific, standardized and adequately analyzed and indexed.
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12 | (f) The Department shall take such action as is appropriate | ||||||
13 | to effect
the coordination of health data activities , including | ||||||
14 | health data specifically relating to obesity collected | ||||||
15 | pursuant to Section 27-8.1 of the School Code, within the State | ||||||
16 | to eliminate
unnecessary duplication of data collection and | ||||||
17 | maximize the usefulness of
data collected.
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18 | (g) The Department shall (1) participate with state, local | ||||||
19 | and federal
agencies in the design and implementation of a | ||||||
20 | cooperative system for producing
comparable and uniform health | ||||||
21 | information and statistics at the federal,
state, and local | ||||||
22 | levels; and (2) undertake and support research, development,
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23 | demonstrations, and evaluations respecting such cooperative | ||||||
24 | system.
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25 | (Source: P.A. 82-215.)
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