SB1610 98TH GENERAL ASSEMBLY

LRB098 09747 RPM 39896 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1610

Introduced 2/13/2013, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

20 ILCS 2310/2310-650

Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Deletes language that provides that the Department of Public Health may require any facility licensed by the Department to implement an influenza vaccination program that ensures that the employees of the facility are offered the opportunity to be vaccinated against seasonal influenza and any other novel or pandemic influenza viruses as vaccines become available. Provides instead that the Department shall require any facility licensed by the Department to implement an influenza vaccination program that requires onsite health care workers affiliated with the facility and persons with privileges on the medical staff to either annually receive an influenza vaccination or, as an alternative to the annual influenza vaccination, wear a facility-provided surgical or procedural mask or other mask that covers the mouth and nose area of the face while this person is performing his or her duties in any patient care area of the facility during the influenza season, as defined by the Department. Sets forth provisions concerning vaccination records, business contracts, and facility implementation policies.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by changing Section 2310-650 as follows:

(20 ILCS 2310/2310-650)

Sec. 2310-650. Influenza vaccination program. The Department of Public Health shall may require any facility licensed by the Department to implement an influenza vaccination program that requires onsite health care workers affiliated with the facility and persons with privileges on the medical staff to either annually receive an influenza vaccination or, as an alternative to the annual influenza vaccination, wear a facility-provided surgical or procedural mask or other mask that covers the mouth and nose area of the face while this person is performing his or her duties in any patient care area of the facility during the influenza season, as defined by the Department.

In meeting the requirements of this Section, the facility shall maintain influenza vaccination records of employees and may maintain influenza vaccination records of the other onsite health care workers affiliated with, but not an employee of, the facility and of persons with privileges on the medical staff. If the facility does not have records of an onsite health care worker or person with privileges on the medical staff being vaccinated onsite, the facility may require the worker or medical staff person to either provide documentation of vaccination or documentation that he or she refused the vaccination.

The facility may include language in its business contracts to require a contract worker to maintain records of the verification of offsite vaccination or documentation that he or she refused the vaccination, which shall be made available to the facility upon request. Nothing in this Section shall be construed to require a facility to maintain separate vaccination records or to provide vaccinations at no cost to a contract worker who is not an employee of the clinic.

Each facility licensed by the Department shall develop policies to implement this Section and to ensure its onsite health care workers affiliated with the facility are in compliance with the vaccination requirements imposed by this Section. The medical staff shall also develop policies to ensure that persons who have privileges on the medical staff are in compliance with the vaccination requirements of this Section that have been implemented by the facility.

For the purposes of this Section, "onsite health care worker affiliated with the facility" means a person who is either a volunteer or is employed by, paid by, or receives credit or any other form of compensation from the health facility, who performs some or all of his or her duties in a patient care area of the facility. The patient care area of the facility shall be determined by the facility's administrative body and is where onsite health care workers and medical staff are within close proximity to patients receiving care. "Onsite health care worker affiliated with the facility" includes, but is not limited to, employees, physicians, nurses, nursing assistants, therapists, technicians, emergency medical service personnel, dental personnel, pharmacists, laboratory personnel, autopsy personnel, students and trainees, contractual staff, and registry staff who perform direct patient care duties but are not employed by the facility. ensures that the employees of the facility are offered the opportunity to be vaccinated against seasonal influenza and any other novel or pandemic influenza viruses as vaccines become available.

The Department may adopt rules setting forth the requirements of the influenza vaccination program.

(Source: P.A. 96-823, eff. 11-25-09.)