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1 | AN ACT concerning regulation.
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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 University of Illinois Hospital Act is | ||||||||||||||||||||||||||||||||
5 | amended by changing Section 8 as follows: | ||||||||||||||||||||||||||||||||
6 | (110 ILCS 330/8) | ||||||||||||||||||||||||||||||||
7 | Sec. 8. Immunization against influenza virus and | ||||||||||||||||||||||||||||||||
8 | pneumococcal disease. The University of Illinois Hospital | ||||||||||||||||||||||||||||||||
9 | shall adopt an influenza and pneumococcal
immunization policy | ||||||||||||||||||||||||||||||||
10 | that includes, but need not be limited to, the
following: | ||||||||||||||||||||||||||||||||
11 | (1) Procedures for identifying patients age 65 or older
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12 | and, at the discretion of the facility, other patients at | ||||||||||||||||||||||||||||||||
13 | risk. | ||||||||||||||||||||||||||||||||
14 | (2) Procedures for offering immunization against | ||||||||||||||||||||||||||||||||
15 | influenza virus when available
between September 1 and | ||||||||||||||||||||||||||||||||
16 | April 1, and against pneumococcal disease upon
admission or | ||||||||||||||||||||||||||||||||
17 | discharge, to patients in accordance with the | ||||||||||||||||||||||||||||||||
18 | recommendations of the Advisory Committee on Immunization | ||||||||||||||||||||||||||||||||
19 | Practices of the Centers for Disease Control and Prevention | ||||||||||||||||||||||||||||||||
20 | that are most recent to the time of vaccination age 65 or | ||||||||||||||||||||||||||||||||
21 | older , unless contraindicated. | ||||||||||||||||||||||||||||||||
22 | (3) Procedures
for ensuring that patients offered | ||||||||||||||||||||||||||||||||
23 | immunization, or their guardians,
receive information |
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1 | regarding the risks and benefits of vaccination. | ||||||
2 | The hospital shall provide a copy of its influenza and | ||||||
3 | pneumococcal immunization policy to the Illinois Department of | ||||||
4 | Public Health upon request.
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5 | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.) | ||||||
6 | Section 10. The Nursing Home Care Act is amended by | ||||||
7 | changing Section 2-213 as follows:
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8 | (210 ILCS 45/2-213)
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9 | Sec. 2-213. Vaccinations.
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10 | (a) A facility shall annually administer or arrange for | ||||||
11 | administration of a vaccination against influenza to
each
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12 | resident, in accordance with the recommendations of the | ||||||
13 | Advisory Committee on
Immunization Practices of the Centers for | ||||||
14 | Disease Control and Prevention that
are most
recent to the time | ||||||
15 | of vaccination, unless the vaccination is medically
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16 | contraindicated or
the resident has refused the vaccine. | ||||||
17 | Influenza vaccinations for all residents
age 65 and
over shall | ||||||
18 | be completed by November 30 of each year or as soon as | ||||||
19 | practicable
if vaccine
supplies are not available before | ||||||
20 | November 1. Residents admitted after November
30,
during the | ||||||
21 | flu season, and until February 1 shall, as medically | ||||||
22 | appropriate,
receive an influenza vaccination prior to or upon | ||||||
23 | admission or as soon as
practicable if vaccine
supplies are not | ||||||
24 | available at the time of the admission, unless the vaccine is
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1 | medically
contraindicated or the resident has refused the | ||||||
2 | vaccine. In the event that the
Advisory
Committee on | ||||||
3 | Immunization Practices of the Centers for Disease Control and
| ||||||
4 | Prevention
determines that dates of administration other than | ||||||
5 | those stated in this Act are
optimal to
protect the health of | ||||||
6 | residents, the Department is authorized to develop rules
to | ||||||
7 | mandate
vaccinations at those times rather than the times | ||||||
8 | stated in this Act. A
facility shall document in the resident's | ||||||
9 | medical record that an annual
vaccination against influenza
was | ||||||
10 | administered, arranged, refused or medically contraindicated.
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11 | (b) A facility shall administer or arrange for | ||||||
12 | administration of a pneumococcal
vaccination to each resident | ||||||
13 | who is age 65 and over , in accordance with the
recommendations | ||||||
14 | of the Advisory Committee on Immunization Practices of the
| ||||||
15 | Centers
for Disease Control and Prevention, who has not | ||||||
16 | received this immunization
prior to or
upon admission to the | ||||||
17 | facility, unless the resident refuses the offer for
vaccination | ||||||
18 | or the
vaccination is medically contraindicated. A facility | ||||||
19 | shall document in each
resident's
medical record that a | ||||||
20 | vaccination against pneumococcal pneumonia was offered
and | ||||||
21 | administered, arranged, refused, or medically contraindicated.
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22 | (c) All persons seeking admission to a nursing facility | ||||||
23 | shall be verbally screened for risk factors associated with | ||||||
24 | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | ||||||
25 | (HIV) according to guidelines established by the U.S. Centers | ||||||
26 | for Disease Control and Prevention. Persons who are identified |
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1 | as being at high risk for hepatitis B, hepatitis C, or HIV | ||||||
2 | shall be offered an opportunity to undergo laboratory testing | ||||||
3 | in order to determine infection status if they will be admitted | ||||||
4 | to the nursing facility for at least 7 days and are not known | ||||||
5 | to be infected with any of the listed viruses. All HIV testing | ||||||
6 | shall be conducted in compliance with the AIDS Confidentiality | ||||||
7 | Act. All persons determined to be susceptible to the hepatitis | ||||||
8 | B virus shall be offered immunization within 10 days of | ||||||
9 | admission to any nursing facility. A facility shall document in | ||||||
10 | the resident's medical record that he or she was verbally | ||||||
11 | screened for risk factors associated with hepatitis B, | ||||||
12 | hepatitis C, and HIV, and whether or not the resident was | ||||||
13 | immunized against hepatitis B. Nothing in this subsection (c) | ||||||
14 | shall apply to a nursing facility licensed or regulated by the | ||||||
15 | Illinois Department of Veterans' Affairs. | ||||||
16 | (d) A skilled nursing facility shall designate a person or | ||||||
17 | persons as Infection Prevention and Control Professionals to | ||||||
18 | develop and implement policies governing control of infections | ||||||
19 | and communicable diseases. The Infection Prevention and | ||||||
20 | Control Professionals shall be qualified through education, | ||||||
21 | training, experience, or certification or a combination of such | ||||||
22 | qualifications. The Infection Prevention and Control | ||||||
23 | Professional's qualifications shall be documented and shall be | ||||||
24 | made available for inspection by the Department. | ||||||
25 | (Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)
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1 | Section 15. The ID/DD Community Care Act is amended by | ||||||
2 | changing Section 2-213 as follows: | ||||||
3 | (210 ILCS 47/2-213)
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4 | Sec. 2-213. Vaccinations. | ||||||
5 | (a) A facility shall annually administer or arrange for | ||||||
6 | administration of a vaccination against influenza to each | ||||||
7 | resident, in accordance with the recommendations of the | ||||||
8 | Advisory Committee on Immunization Practices of the Centers for | ||||||
9 | Disease Control and Prevention that are most recent to the time | ||||||
10 | of vaccination, unless the vaccination is medically | ||||||
11 | contraindicated or the resident has refused the vaccine. | ||||||
12 | Influenza vaccinations for all residents age 65 and over shall | ||||||
13 | be completed by November 30 of each year or as soon as | ||||||
14 | practicable if vaccine supplies are not available before | ||||||
15 | November 1. Residents admitted after November 30, during the | ||||||
16 | flu season, and until February 1 shall, as medically | ||||||
17 | appropriate, receive an influenza vaccination prior to or upon | ||||||
18 | admission or as soon as practicable if vaccine supplies are not | ||||||
19 | available at the time of the admission, unless the vaccine is | ||||||
20 | medically contraindicated or the resident has refused the | ||||||
21 | vaccine. In the event that the Advisory Committee on | ||||||
22 | Immunization Practices of the Centers for Disease Control and | ||||||
23 | Prevention determines that dates of administration other than | ||||||
24 | those stated in this Act are optimal to protect the health of | ||||||
25 | residents, the Department is authorized to develop rules to |
| |||||||
| |||||||
1 | mandate vaccinations at those times rather than the times | ||||||
2 | stated in this Act. A facility shall document in the resident's | ||||||
3 | medical record that an annual vaccination against influenza was | ||||||
4 | administered, arranged, refused or medically contraindicated. | ||||||
5 | (b) A facility shall administer or arrange for | ||||||
6 | administration of a pneumococcal vaccination to each resident | ||||||
7 | who is age 65 and over , in accordance with the recommendations | ||||||
8 | of the Advisory Committee on Immunization Practices of the | ||||||
9 | Centers for Disease Control and Prevention, who has not | ||||||
10 | received this immunization prior to or upon admission to the | ||||||
11 | facility, unless the resident refuses the offer for vaccination | ||||||
12 | or the vaccination is medically contraindicated. A facility | ||||||
13 | shall document in each resident's medical record that a | ||||||
14 | vaccination against pneumococcal pneumonia was offered and | ||||||
15 | administered, arranged, refused, or medically contraindicated.
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16 | (Source: P.A. 96-339, eff. 7-1-10 .) | ||||||
17 | Section 20. The Specialized Mental Health Rehabilitation | ||||||
18 | Act is amended by changing Section 2-213 as follows: | ||||||
19 | (210 ILCS 48/2-213)
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20 | Sec. 2-213. Vaccinations. | ||||||
21 | (a) A facility shall annually administer or arrange for | ||||||
22 | administration of a vaccination against influenza to each | ||||||
23 | resident, in accordance with the recommendations of the | ||||||
24 | Advisory Committee on Immunization Practices of the Centers for |
| |||||||
| |||||||
1 | Disease Control and Prevention that are most recent to the time | ||||||
2 | of vaccination, unless the vaccination is medically | ||||||
3 | contraindicated or the resident has refused the vaccine. | ||||||
4 | Influenza vaccinations for all residents age 65 and over shall | ||||||
5 | be completed by November 30 of each year or as soon as | ||||||
6 | practicable if vaccine supplies are not available before | ||||||
7 | November 1. Residents admitted after November 30, during the | ||||||
8 | flu season, and until February 1 shall, as medically | ||||||
9 | appropriate, receive an influenza vaccination prior to or upon | ||||||
10 | admission or as soon as practicable if vaccine supplies are not | ||||||
11 | available at the time of the admission, unless the vaccine is | ||||||
12 | medically contraindicated or the resident has refused the | ||||||
13 | vaccine. In the event that the Advisory Committee on | ||||||
14 | Immunization Practices of the Centers for Disease Control and | ||||||
15 | Prevention determines that dates of administration other than | ||||||
16 | those stated in this Act are optimal to protect the health of | ||||||
17 | residents, the Department is authorized to develop rules to | ||||||
18 | mandate vaccinations at those times rather than the times | ||||||
19 | stated in this Act. A facility shall document in the resident's | ||||||
20 | medical record that an annual vaccination against influenza was | ||||||
21 | administered, arranged, refused or medically contraindicated. | ||||||
22 | (b) A facility shall administer or arrange for | ||||||
23 | administration of a pneumococcal vaccination to each resident | ||||||
24 | who is age 65 and over , in accordance with the recommendations | ||||||
25 | of the Advisory Committee on Immunization Practices of the | ||||||
26 | Centers for Disease Control and Prevention, who has not |
| |||||||
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1 | received this immunization prior to or upon admission to the | ||||||
2 | facility, unless the resident refuses the offer for vaccination | ||||||
3 | or the vaccination is medically contraindicated. A facility | ||||||
4 | shall document in each resident's medical record that a | ||||||
5 | vaccination against pneumococcal pneumonia was offered and | ||||||
6 | administered, arranged, refused, or medically contraindicated.
| ||||||
7 | (c) All persons seeking admission to a nursing facility | ||||||
8 | shall be verbally screened for risk factors associated with | ||||||
9 | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus | ||||||
10 | (HIV) according to guidelines established by the U.S. Centers | ||||||
11 | for Disease Control and Prevention. Persons who are identified | ||||||
12 | as being at high risk for hepatitis B, hepatitis C, or HIV | ||||||
13 | shall be offered an opportunity to undergo laboratory testing | ||||||
14 | in order to determine infection status if they will be admitted | ||||||
15 | to the nursing facility for at least 7 days and are not known | ||||||
16 | to be infected with any of the listed viruses. All HIV testing | ||||||
17 | shall be conducted in compliance with the AIDS Confidentiality | ||||||
18 | Act. All persons determined to be susceptible to the hepatitis | ||||||
19 | B virus shall be offered immunization within 10 days of | ||||||
20 | admission to any nursing facility. A facility shall document in | ||||||
21 | the resident's medical record that he or she was verbally | ||||||
22 | screened for risk factors associated with hepatitis B, | ||||||
23 | hepatitis C, and HIV, and whether or not the resident was | ||||||
24 | immunized against hepatitis B. Nothing in this subsection (c) | ||||||
25 | shall apply to a nursing facility licensed or regulated by the | ||||||
26 | Illinois Department of Veterans' Affairs.
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1 | (Source: P.A. 97-38, eff. 6-28-11.) | ||||||
2 | Section 25. The Hospital Licensing Act is amended by | ||||||
3 | changing Section 6.26 as follows: | ||||||
4 | (210 ILCS 85/6.26) | ||||||
5 | Sec. 6.26. Immunization against influenza virus and | ||||||
6 | pneumococcal disease. | ||||||
7 | (a) Every hospital shall adopt an influenza and | ||||||
8 | pneumococcal
immunization policy that includes, but need not be | ||||||
9 | limited to, the
following: | ||||||
10 | (1) Procedures for identifying patients age 65 or older
| ||||||
11 | and, at the discretion of the facility, other patients at | ||||||
12 | risk. | ||||||
13 | (2) Procedures for offering immunization against | ||||||
14 | influenza virus when available
between September 1 and | ||||||
15 | April 1, and against pneumococcal disease upon
admission or | ||||||
16 | discharge, to patients in accordance with the | ||||||
17 | recommendations of the Advisory Committee on Immunization | ||||||
18 | Practices of the Centers for Disease Control and Prevention | ||||||
19 | that are most recent to the time of vaccination age 65 or | ||||||
20 | older , unless contraindicated. | ||||||
21 | (3) Procedures
for ensuring that patients offered | ||||||
22 | immunization, or their guardians,
receive information | ||||||
23 | regarding the risks and benefits of vaccination. | ||||||
24 | The hospital shall provide a copy of its influenza and |
| |||||||
| |||||||
1 | pneumococcal immunization policy to the Department upon | ||||||
2 | request. | ||||||
3 | (b) A home rule unit may not regulate immunization against | ||||||
4 | influenza virus and pneumococcal disease in a manner | ||||||
5 | inconsistent with the regulation of such immunizations under | ||||||
6 | this Section. This subsection is a limitation under subsection | ||||||
7 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
8 | the concurrent exercise by home rule units of powers and | ||||||
9 | functions exercised by the State.
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10 | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
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