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1 | AN ACT concerning education.
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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 1. Short title. This Act may be cited as the | |||||||||||||||||||||||||
5 | COVID-19 Vaccine Freedom of Choice in Education Act. | |||||||||||||||||||||||||
6 | Section 5. Definition. As used in this Act, "school" means | |||||||||||||||||||||||||
7 | a preschool, elementary or secondary school, vocational | |||||||||||||||||||||||||
8 | school, or special educational facility. | |||||||||||||||||||||||||
9 | Section 10. COVID-19 vaccine requirement prohibited. | |||||||||||||||||||||||||
10 | (a) Notwithstanding any requirements under the School Code | |||||||||||||||||||||||||
11 | or rules of the Department of Public Health to the contrary, no | |||||||||||||||||||||||||
12 | employee or student of a public school in this State may be | |||||||||||||||||||||||||
13 | required to receive a COVID-19 vaccine or a subsequent booster | |||||||||||||||||||||||||
14 | dose as a term of new or continued employment or enrollment in | |||||||||||||||||||||||||
15 | the school. | |||||||||||||||||||||||||
16 | (b) Notwithstanding any requirements under the College | |||||||||||||||||||||||||
17 | Student Immunization Act or rules of the Department of Public | |||||||||||||||||||||||||
18 | Health to the contrary, no employee or student of a public | |||||||||||||||||||||||||
19 | institution of higher education in this State may be required | |||||||||||||||||||||||||
20 | to receive a COVID-19 vaccine or a subsequent booster dose as a | |||||||||||||||||||||||||
21 | term of new or continued employment or enrollment in the | |||||||||||||||||||||||||
22 | institution of higher education. |
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1 | Section 90. The School Code is amended by changing Section | ||||||
2 | 27-8.1 as follows: | ||||||
3 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | ||||||
4 | Sec. 27-8.1. Health examinations and immunizations. | ||||||
5 | (1) In compliance with rules and regulations which the | ||||||
6 | Department of Public
Health shall promulgate, and except as | ||||||
7 | hereinafter provided, all children in
Illinois shall have a | ||||||
8 | health examination as follows: within one year prior to
| ||||||
9 | entering kindergarten or the first grade of any public, | ||||||
10 | private, or parochial
elementary school; upon entering the | ||||||
11 | sixth and ninth grades of any public,
private, or parochial | ||||||
12 | school; prior to entrance into any public, private, or
| ||||||
13 | parochial nursery school; and, irrespective of grade, | ||||||
14 | immediately prior to or
upon entrance into any public, | ||||||
15 | private, or parochial school or nursery school,
each child | ||||||
16 | shall present proof of having been examined in accordance with | ||||||
17 | this
Section and the rules and regulations promulgated | ||||||
18 | hereunder. Any child who received a health examination within | ||||||
19 | one year prior to entering the fifth grade for the 2007-2008 | ||||||
20 | school year is not required to receive an additional health | ||||||
21 | examination in order to comply with the provisions of Public | ||||||
22 | Act 95-422 when he or she attends school for the 2008-2009 | ||||||
23 | school year, unless the child is attending school for the | ||||||
24 | first time as provided in this paragraph. |
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1 | A tuberculosis skin test screening shall be included as a | ||||||
2 | required part of
each health examination included under this | ||||||
3 | Section if the child resides in an
area designated by the | ||||||
4 | Department of Public Health as having a high incidence
of | ||||||
5 | tuberculosis. Additional health examinations of pupils, | ||||||
6 | including eye examinations, may be required when deemed | ||||||
7 | necessary by school
authorities. Parents are encouraged to | ||||||
8 | have their children undergo eye examinations at the same | ||||||
9 | points in time required for health
examinations. | ||||||
10 | (1.5) In compliance with rules adopted by the Department | ||||||
11 | of Public Health and except as otherwise provided in this | ||||||
12 | Section, all children in kindergarten and the second, sixth, | ||||||
13 | and ninth grades of any public, private, or parochial school | ||||||
14 | shall have a dental examination. Each of these children shall | ||||||
15 | present proof of having been examined by a dentist in | ||||||
16 | accordance with this Section and rules adopted under this | ||||||
17 | Section before May 15th of the school year. If a child in the | ||||||
18 | second, sixth, or ninth grade fails to present proof by May | ||||||
19 | 15th, the school may hold the child's report card until one of | ||||||
20 | the following occurs: (i) the child presents proof of a | ||||||
21 | completed dental examination or (ii) the child presents proof | ||||||
22 | that a dental examination will take place within 60 days after | ||||||
23 | May 15th. A school may not withhold a child's report card | ||||||
24 | during a school year in which the Governor has declared a | ||||||
25 | disaster due to a public health emergency pursuant to Section | ||||||
26 | 7 of the Illinois Emergency Management Agency Act. The |
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| |||||||
1 | Department of Public Health shall establish, by rule, a waiver | ||||||
2 | for children who show an undue burden or a lack of access to a | ||||||
3 | dentist. Each public, private, and parochial school must give | ||||||
4 | notice of this dental examination requirement to the parents | ||||||
5 | and guardians of students at least 60 days before May 15th of | ||||||
6 | each school year.
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7 | (1.10) Except as otherwise provided in this Section, all | ||||||
8 | children enrolling in kindergarten in a public, private, or | ||||||
9 | parochial school on or after January 1, 2008 (the effective | ||||||
10 | date of Public Act 95-671) and any student enrolling for the | ||||||
11 | first time in a public, private, or parochial school on or | ||||||
12 | after January 1, 2008 (the effective date of Public Act | ||||||
13 | 95-671) shall have an eye examination. Each of these children | ||||||
14 | shall present proof of having been examined by a physician | ||||||
15 | licensed to practice medicine in all of its branches or a | ||||||
16 | licensed optometrist within the previous year, in accordance | ||||||
17 | with this Section and rules adopted under this Section, before | ||||||
18 | October 15th of the school year. If the child fails to present | ||||||
19 | proof by October 15th, the school may hold the child's report | ||||||
20 | card until one of the following occurs: (i) the child presents | ||||||
21 | proof of a completed eye examination or (ii) the child | ||||||
22 | presents proof that an eye examination will take place within | ||||||
23 | 60 days after October 15th. A school may not withhold a child's | ||||||
24 | report card during a school year in which the Governor has | ||||||
25 | declared a disaster due to a public health emergency pursuant | ||||||
26 | to Section 7 of the Illinois Emergency Management Agency Act. |
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1 | The Department of Public Health shall establish, by rule, a | ||||||
2 | waiver for children who show an undue burden or a lack of | ||||||
3 | access to a physician licensed to practice medicine in all of | ||||||
4 | its branches who provides eye examinations or to a licensed | ||||||
5 | optometrist. Each public, private, and parochial school must | ||||||
6 | give notice of this eye examination requirement to the parents | ||||||
7 | and guardians of students in compliance with rules of the | ||||||
8 | Department of Public Health. Nothing in this Section shall be | ||||||
9 | construed to allow a school to exclude a child from attending | ||||||
10 | because of a parent's or guardian's failure to obtain an eye | ||||||
11 | examination for the child.
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12 | (2) The Department of Public Health shall promulgate rules | ||||||
13 | and regulations
specifying the examinations and procedures | ||||||
14 | that constitute a health examination, which shall include an | ||||||
15 | age-appropriate developmental screening, an age-appropriate | ||||||
16 | social and emotional screening, and the collection of data | ||||||
17 | relating to asthma and obesity
(including at a minimum, date | ||||||
18 | of birth, gender, height, weight, blood pressure, and date of | ||||||
19 | exam),
and a dental examination and may recommend by rule that | ||||||
20 | certain additional examinations be performed.
The rules and | ||||||
21 | regulations of the Department of Public Health shall specify | ||||||
22 | that
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.
With respect to the developmental screening and |
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1 | the social and emotional screening, the Department of Public | ||||||
2 | Health must, no later than January 1, 2019, develop rules and | ||||||
3 | appropriate revisions to the Child Health Examination form in | ||||||
4 | conjunction with a statewide organization representing school | ||||||
5 | boards; a statewide organization representing pediatricians; | ||||||
6 | statewide organizations representing individuals holding | ||||||
7 | Illinois educator licenses with school support personnel | ||||||
8 | endorsements, including school social workers, school | ||||||
9 | psychologists, and school nurses; a statewide organization | ||||||
10 | representing children's mental health experts; a statewide | ||||||
11 | organization representing school principals; the Director of | ||||||
12 | Healthcare and Family Services or his or her designee, the | ||||||
13 | State Superintendent of Education or his or her designee; and | ||||||
14 | representatives of other appropriate State agencies and, at a | ||||||
15 | minimum, must recommend the use of validated screening tools | ||||||
16 | appropriate to the child's age or grade, and, with regard to | ||||||
17 | the social and emotional screening, require recording only | ||||||
18 | whether or not the screening was completed. The rules shall | ||||||
19 | take into consideration the screening recommendations of the | ||||||
20 | American Academy of Pediatrics and must be consistent with the | ||||||
21 | State Board of Education's social and emotional learning | ||||||
22 | standards. The Department of Public Health shall specify that | ||||||
23 | a diabetes
screening as defined by rule shall be included as a | ||||||
24 | required part of each
health examination.
Diabetes testing is | ||||||
25 | not required. | ||||||
26 | Physicians licensed to practice medicine in all of its |
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1 | branches, licensed advanced
practice registered nurses, or | ||||||
2 | licensed physician assistants shall be
responsible for the | ||||||
3 | performance of the health examinations, other than dental
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4 | examinations, eye examinations, and vision and hearing | ||||||
5 | screening, and shall sign all report forms
required by | ||||||
6 | subsection (4) of this Section that pertain to those portions | ||||||
7 | of
the health examination for which the physician, advanced | ||||||
8 | practice registered nurse, or
physician assistant is | ||||||
9 | responsible.
If a registered
nurse performs any part of a | ||||||
10 | health examination, then a physician licensed to
practice | ||||||
11 | medicine in all of its branches must review and sign all | ||||||
12 | required
report forms. Licensed dentists shall perform all | ||||||
13 | dental examinations and
shall sign all report forms required | ||||||
14 | by subsection (4) of this Section that
pertain to the dental | ||||||
15 | examinations. Physicians licensed to practice medicine
in all | ||||||
16 | its branches or licensed optometrists shall perform all eye | ||||||
17 | examinations
required by this Section and shall sign all | ||||||
18 | report forms required by
subsection (4) of this Section that | ||||||
19 | pertain to the eye examination. For purposes of this Section, | ||||||
20 | an eye examination shall at a minimum include history, visual | ||||||
21 | acuity, subjective refraction to best visual acuity near and | ||||||
22 | far, internal and external examination, and a glaucoma | ||||||
23 | evaluation, as well as any other tests or observations that in | ||||||
24 | the professional judgment of the doctor are necessary. Vision | ||||||
25 | and
hearing screening tests, which shall not be considered | ||||||
26 | examinations as that
term is used in this Section, shall be |
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1 | conducted in accordance with rules and
regulations of the | ||||||
2 | Department of Public Health, and by individuals whom the
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3 | Department of Public Health has certified.
In these rules and | ||||||
4 | regulations, the Department of Public Health shall
require | ||||||
5 | that individuals conducting vision screening tests give a | ||||||
6 | child's
parent or guardian written notification, before the | ||||||
7 | vision screening is
conducted, that states, "Vision screening | ||||||
8 | is not a substitute for a
complete eye and vision evaluation by | ||||||
9 | an eye doctor. Your child is not
required to undergo this | ||||||
10 | vision screening if an optometrist or
ophthalmologist has | ||||||
11 | completed and signed a report form indicating that
an | ||||||
12 | examination has been administered within the previous 12 | ||||||
13 | months.". | ||||||
14 | (2.5) With respect to the developmental screening and the | ||||||
15 | social and emotional screening portion of the health | ||||||
16 | examination, each child may present proof of having been | ||||||
17 | screened in accordance with this Section and the rules adopted | ||||||
18 | under this Section before October 15th of the school year. | ||||||
19 | With regard to the social and emotional screening only, the | ||||||
20 | examining health care provider shall only record whether or | ||||||
21 | not the screening was completed. If the child fails to present | ||||||
22 | proof of the developmental screening or the social and | ||||||
23 | emotional screening portions of the health examination by | ||||||
24 | October 15th of the school year, qualified school support | ||||||
25 | personnel may, with a parent's or guardian's consent, offer | ||||||
26 | the developmental screening or the social and emotional |
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| |||||||
1 | screening to the child. Each public, private, and parochial | ||||||
2 | school must give notice of the developmental screening and | ||||||
3 | social and emotional screening requirements to the parents and | ||||||
4 | guardians of students in compliance with the rules of the | ||||||
5 | Department of Public Health. Nothing in this Section shall be | ||||||
6 | construed to allow a school to exclude a child from attending | ||||||
7 | because of a parent's or guardian's failure to obtain a | ||||||
8 | developmental screening or a social and emotional screening | ||||||
9 | for the child. Once a developmental screening or a social and | ||||||
10 | emotional screening is completed and proof has been presented | ||||||
11 | to the school, the school may, with a parent's or guardian's | ||||||
12 | consent, make available appropriate school personnel to work | ||||||
13 | with the parent or guardian, the child, and the provider who | ||||||
14 | signed the screening form to obtain any appropriate | ||||||
15 | evaluations and services as indicated on the form and in other | ||||||
16 | information and documentation provided by the parents, | ||||||
17 | guardians, or provider. | ||||||
18 | (3) Except as otherwise provided in the COVID-19 Vaccine | ||||||
19 | Freedom of Choice in Education Act, every Every child shall, | ||||||
20 | at or about the same time as he or she receives
a health | ||||||
21 | examination required by subsection (1) of this Section, | ||||||
22 | present
to the local school proof of having received such | ||||||
23 | immunizations against
preventable communicable diseases as the | ||||||
24 | Department of Public Health shall
require by rules and | ||||||
25 | regulations promulgated pursuant to this Section and the
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26 | Communicable Disease Prevention Act. |
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1 | (4) The individuals conducting the health examination,
| ||||||
2 | dental examination, or eye examination shall record the
fact | ||||||
3 | of having conducted the examination, and such additional | ||||||
4 | information as
required, including for a health examination
| ||||||
5 | data relating to asthma and obesity
(including at a minimum, | ||||||
6 | date of birth, gender, height, weight, blood pressure, and | ||||||
7 | date of exam), on uniform forms which the Department of Public | ||||||
8 | Health and the State
Board of Education shall prescribe for | ||||||
9 | statewide use. The examiner shall
summarize on the report form | ||||||
10 | any condition that he or she suspects indicates a
need for | ||||||
11 | special services, including for a health examination factors | ||||||
12 | relating to asthma or obesity. The duty to summarize on the | ||||||
13 | report form does not apply to social and emotional screenings. | ||||||
14 | The confidentiality of the information and records relating to | ||||||
15 | the developmental screening and the social and emotional | ||||||
16 | screening shall be determined by the statutes, rules, and | ||||||
17 | professional ethics governing the type of provider conducting | ||||||
18 | the screening. The individuals confirming the administration | ||||||
19 | of
required immunizations shall record as indicated on the | ||||||
20 | form that the
immunizations were administered. | ||||||
21 | (5) If a child does not submit proof of having had either | ||||||
22 | the health
examination or the immunization as required, then | ||||||
23 | the child shall be examined
or receive the immunization, as | ||||||
24 | the case may be, and present proof by October
15 of the current | ||||||
25 | school year, or by an earlier date of the current school year
| ||||||
26 | established by a school district. To establish a date before |
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1 | October 15 of the
current school year for the health | ||||||
2 | examination or immunization as required, a
school district | ||||||
3 | must give notice of the requirements of this Section 60 days
| ||||||
4 | prior to the earlier established date. If for medical reasons | ||||||
5 | one or more of
the required immunizations must be given after | ||||||
6 | October 15 of the current school
year, or after an earlier | ||||||
7 | established date of the current school year, then
the child | ||||||
8 | shall present, by October 15, or by the earlier established | ||||||
9 | date, a
schedule for the administration of the immunizations | ||||||
10 | and a statement of the
medical reasons causing the delay, both | ||||||
11 | the schedule and the statement being
issued by the physician, | ||||||
12 | advanced practice registered nurse, physician assistant,
| ||||||
13 | registered nurse, or local health department that will
be | ||||||
14 | responsible for administration of the remaining required | ||||||
15 | immunizations. If
a child does not comply by October 15, or by | ||||||
16 | the earlier established date of
the current school year, with | ||||||
17 | the requirements of this subsection, then the
local school | ||||||
18 | authority shall exclude that child from school until such time | ||||||
19 | as
the child presents proof of having had the health | ||||||
20 | examination as required and
presents proof of having received | ||||||
21 | those required immunizations which are
medically possible to | ||||||
22 | receive immediately. During a child's exclusion from
school | ||||||
23 | for noncompliance with this subsection, the child's parents or | ||||||
24 | legal
guardian shall be considered in violation of Section | ||||||
25 | 26-1 and subject to any
penalty imposed by Section 26-10. This | ||||||
26 | subsection (5) does not apply to dental examinations, eye |
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| |||||||
1 | examinations, and the developmental screening and the social | ||||||
2 | and emotional screening portions of the health examination. If | ||||||
3 | the student is an out-of-state transfer student and does not | ||||||
4 | have the proof required under this subsection (5) before | ||||||
5 | October 15 of the current year or whatever date is set by the | ||||||
6 | school district, then he or she may only attend classes (i) if | ||||||
7 | he or she has proof that an appointment for the required | ||||||
8 | vaccinations has been scheduled with a party authorized to | ||||||
9 | submit proof of the required vaccinations. If the proof of | ||||||
10 | vaccination required under this subsection (5) is not | ||||||
11 | submitted within 30 days after the student is permitted to | ||||||
12 | attend classes, then the student is not to be permitted to | ||||||
13 | attend classes until proof of the vaccinations has been | ||||||
14 | properly submitted. No school district or employee of a school | ||||||
15 | district shall be held liable for any injury or illness to | ||||||
16 | another person that results from admitting an out-of-state | ||||||
17 | transfer student to class that has an appointment scheduled | ||||||
18 | pursuant to this subsection (5). | ||||||
19 | (6) Every school shall report to the State Board of | ||||||
20 | Education by November
15, in the manner which that agency | ||||||
21 | shall require, the number of children who
have received the | ||||||
22 | necessary immunizations and the health examination (other than | ||||||
23 | a dental examination or eye examination) as
required, | ||||||
24 | indicating, of those who have not received the immunizations | ||||||
25 | and
examination as required, the number of children who are | ||||||
26 | exempt from health
examination and immunization requirements |
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| |||||||
1 | on religious or medical grounds as
provided in subsection (8). | ||||||
2 | On or before December 1 of each year, every public school | ||||||
3 | district and registered nonpublic school shall make publicly | ||||||
4 | available the immunization data they are required to submit to | ||||||
5 | the State Board of Education by November 15. The immunization | ||||||
6 | data made publicly available must be identical to the data the | ||||||
7 | school district or school has reported to the State Board of | ||||||
8 | Education. | ||||||
9 | Every school shall report to the State Board of Education | ||||||
10 | by June 30, in the manner that the State Board requires, the | ||||||
11 | number of children who have received the required dental | ||||||
12 | examination, indicating, of those who have not received the | ||||||
13 | required dental examination, the number of children who are | ||||||
14 | exempt from the dental examination on religious grounds as | ||||||
15 | provided in subsection (8) of this Section and the number of | ||||||
16 | children who have received a waiver under subsection (1.5) of | ||||||
17 | this Section. | ||||||
18 | Every school shall report to the State Board of Education | ||||||
19 | by June 30, in the manner that the State Board requires, the | ||||||
20 | number of children who have received the required eye | ||||||
21 | examination, indicating, of those who have not received the | ||||||
22 | required eye examination, the number of children who are | ||||||
23 | exempt from the eye examination as provided in subsection (8) | ||||||
24 | of this Section, the number of children who have received a | ||||||
25 | waiver under subsection (1.10) of this Section, and the total | ||||||
26 | number of children in noncompliance with the eye examination |
| |||||||
| |||||||
1 | requirement. | ||||||
2 | The reported information under this subsection (6) 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 18-8.05 or 18-8.15 to the school district for such | ||||||
10 | year may be withheld
by the State Board of Education until the | ||||||
11 | number of students in compliance with
subsection (5) is the | ||||||
12 | applicable specified percentage or higher. | ||||||
13 | (8) Children of parents or legal guardians who object to | ||||||
14 | health, dental, or eye examinations or any part thereof, to | ||||||
15 | immunizations, or to vision and hearing screening tests on | ||||||
16 | religious grounds shall not be required to undergo the | ||||||
17 | examinations, tests, or immunizations to which they so object | ||||||
18 | if such parents or legal guardians present to the appropriate | ||||||
19 | local school authority a signed Certificate of Religious | ||||||
20 | Exemption detailing the grounds for objection and the specific | ||||||
21 | immunizations, tests, or examinations to which they object. | ||||||
22 | The grounds for objection must set forth the specific | ||||||
23 | religious belief that conflicts with the examination, test, | ||||||
24 | immunization, or other medical intervention. The signed | ||||||
25 | certificate shall also reflect the parent's or legal | ||||||
26 | guardian's understanding of the school's exclusion policies in |
| |||||||
| |||||||
1 | the case of a vaccine-preventable disease outbreak or | ||||||
2 | exposure. The certificate must also be signed by the | ||||||
3 | authorized examining health care provider responsible for the | ||||||
4 | performance of the child's health examination confirming that | ||||||
5 | the provider provided education to the parent or legal | ||||||
6 | guardian on the benefits of immunization and the health risks | ||||||
7 | to the student and to the community of the communicable | ||||||
8 | diseases for which immunization is required in this State. | ||||||
9 | However, the health care provider's signature on the | ||||||
10 | certificate reflects only that education was provided and does | ||||||
11 | not allow a health care provider grounds to determine a | ||||||
12 | religious exemption. Those receiving immunizations required | ||||||
13 | under this Code shall be provided with the relevant vaccine | ||||||
14 | information statements that are required to be disseminated by | ||||||
15 | the federal National Childhood Vaccine Injury Act of 1986, | ||||||
16 | which may contain information on circumstances when a vaccine | ||||||
17 | should not be administered, prior to administering a vaccine. | ||||||
18 | A healthcare provider may consider including without | ||||||
19 | limitation the nationally accepted recommendations from | ||||||
20 | federal agencies such as the Advisory Committee on | ||||||
21 | Immunization Practices, the information outlined in the | ||||||
22 | relevant vaccine information statement, and vaccine package | ||||||
23 | inserts, along with the healthcare provider's clinical | ||||||
24 | judgment, to determine whether any child may be more | ||||||
25 | susceptible to experiencing an adverse vaccine reaction than | ||||||
26 | the general population, and, if so, the healthcare provider |
| |||||||
| |||||||
1 | may exempt the child from an immunization or adopt an | ||||||
2 | individualized immunization schedule. The Certificate of | ||||||
3 | Religious Exemption shall be created by the Department of | ||||||
4 | Public Health and shall be made available and used by parents | ||||||
5 | and legal guardians by the beginning of the 2015-2016 school | ||||||
6 | year. Parents or legal guardians must submit the Certificate | ||||||
7 | of Religious Exemption to their local school authority prior | ||||||
8 | to entering kindergarten, sixth grade, and ninth grade for | ||||||
9 | each child for which they are requesting an exemption. The | ||||||
10 | religious objection stated need not be directed by the tenets | ||||||
11 | of an established religious organization. However, general | ||||||
12 | philosophical or moral reluctance to allow physical | ||||||
13 | examinations, eye examinations, immunizations, vision and | ||||||
14 | hearing screenings, or dental examinations does not provide a | ||||||
15 | sufficient basis for an exception to statutory requirements. | ||||||
16 | The local school authority is responsible for determining if
| ||||||
17 | the content of the Certificate of Religious Exemption
| ||||||
18 | constitutes a valid religious objection.
The local school | ||||||
19 | authority shall inform the parent or legal guardian of | ||||||
20 | exclusion procedures, in accordance with the Department's | ||||||
21 | rules under Part 690 of Title 77 of the Illinois | ||||||
22 | Administrative Code, at the time the objection is presented. | ||||||
23 | If the physical condition
of the child is such that any one | ||||||
24 | or more of the immunizing agents should not
be administered, | ||||||
25 | the examining physician, advanced practice registered nurse, | ||||||
26 | or
physician assistant responsible for the performance of the
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1 | health examination shall endorse that fact upon the health | ||||||
2 | examination form. | ||||||
3 | Exempting a child from the health,
dental, or eye | ||||||
4 | examination does not exempt the child from
participation in | ||||||
5 | the program of physical education training provided in
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6 | Sections 27-5 through 27-7 of this Code. | ||||||
7 | (8.5) The school board of a school district shall include | ||||||
8 | informational materials regarding influenza and influenza | ||||||
9 | vaccinations and meningococcal disease and meningococcal | ||||||
10 | vaccinations developed, provided, or approved by the | ||||||
11 | Department of Public Health under Section 2310-700 of the | ||||||
12 | Department of Public Health Powers and Duties Law of the Civil | ||||||
13 | Administrative Code of Illinois when the board provides | ||||||
14 | information on immunizations, infectious diseases, | ||||||
15 | medications, or other school health issues to the parents or | ||||||
16 | guardians of students. | ||||||
17 | (9) For the purposes of this Section, "nursery schools" | ||||||
18 | means those nursery
schools operated by elementary school | ||||||
19 | systems or secondary level school units
or institutions of | ||||||
20 | higher learning. | ||||||
21 | (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; | ||||||
22 | 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. | ||||||
23 | 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, | ||||||
24 | eff. 7-12-19; 101-643, eff. 6-18-20.) | ||||||
25 | Section 95. The College Student Immunization Act is |
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1 | amended by changing Section 2 as follows:
| ||||||
2 | (110 ILCS 20/2) (from Ch. 144, par. 2602)
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3 | Sec. 2. Proof of immunization. No person shall attend a
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4 | post-secondary educational institution without presenting | ||||||
5 | proof that he or
she has received such immunizations against | ||||||
6 | preventable communicable
diseases as the Department shall | ||||||
7 | require by rules and regulations
promulgated pursuant to this | ||||||
8 | Act and the Communicable Disease Prevention Act "An Act in | ||||||
9 | relation to the prevention
of certain communicable diseases", | ||||||
10 | approved July 5, 1967, as now or
hereafter amended , except as | ||||||
11 | provided in Section 3 of this Act and except as otherwise | ||||||
12 | provided in the COVID-19 Vaccine Freedom of Choice in | ||||||
13 | Education Act . The proof
of immunization required by this | ||||||
14 | Section shall be presented to the
post-secondary educational | ||||||
15 | institution.
| ||||||
16 | (Source: P.A. 85-1315.)
| ||||||
17 | Section 100. The Communicable Disease Prevention Act is | ||||||
18 | amended by changing Section 2 as follows:
| ||||||
19 | (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
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20 | Sec. 2.
Except as otherwise provided in the COVID-19 | ||||||
21 | Vaccine Freedom of Choice in Education Act, the The Department | ||||||
22 | of Public Health shall promulgate rules and
regulations | ||||||
23 | requiring immunization of children against preventable |
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1 | communicable
diseases designated by the Director. Before any | ||||||
2 | regulation or amendment
thereto is prescribed, the Department | ||||||
3 | shall conduct a public hearing
regarding such regulation.
In | ||||||
4 | addition, before any regulation or any amendment to a | ||||||
5 | regulation is
adopted,
and after the Immunization Advisory | ||||||
6 | Committee has made its recommendations,
the State Board of | ||||||
7 | Health shall conduct 3 public hearings,
geographically
| ||||||
8 | distributed throughout the State, regarding the regulation or | ||||||
9 | amendment to the
regulation. At the conclusion of the | ||||||
10 | hearings, the State Board of Health shall
issue a report, | ||||||
11 | including its recommendations, to the Director. The Director
| ||||||
12 | shall take into consideration any comments or recommendations | ||||||
13 | made by the Board
based on these hearings.
The Department may | ||||||
14 | prescribe additional rules
and regulations for immunization of | ||||||
15 | other diseases as vaccines are
developed.
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16 | The provisions of this Act shall not apply if:
| ||||||
17 | 1. The parent or guardian of the child objects thereto on | ||||||
18 | the grounds
that the administration of immunizing agents | ||||||
19 | conflicts with his religious
tenets or practices or,
| ||||||
20 | 2. A physician employed by the parent or guardian to | ||||||
21 | provide care and
treatment to the child states that the | ||||||
22 | physical condition of the child is
such that the | ||||||
23 | administration of one or more of the required immunizing
| ||||||
24 | agents would be detrimental to the health of the child.
| ||||||
25 | (Source: P.A. 90-607, eff. 6-30-98.)
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26 | Section 999. Effective date. This Act takes effect upon |
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| |||||||
1 | becoming law.
|