Full Text of HB3000 103rd General Assembly
HB3000 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3000 Introduced 2/16/2023, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| New Act | | 105 ILCS 5/27-8.1 | from Ch. 122, par. 27-8.1 | 110 ILCS 20/2 | from Ch. 144, par. 2602 | 410 ILCS 315/2 | from Ch. 111 1/2, par. 22.12 |
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Creates the COVID-19 Vaccine Freedom of Choice in Education Act. Provides that no employee or student of a public school or institution of higher education in this State may be required to receive a COVID-19 vaccine or a subsequent booster dose as a term of new or continued employment or enrollment in the school or institution. Amends the School Code, College Student Immunization Act, and Communicable Disease Prevention Act to make conforming changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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.
| 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.
| 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
| 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
| 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
| 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 |
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| 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 |
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| 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 |
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| 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
| 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)
| 3 | | Sec. 2. Proof of immunization. No person shall attend a
| 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)
| 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.
| 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.)
| 26 | | Section 999. Effective date. This Act takes effect upon |
| | | HB3000 | - 20 - | LRB103 05670 RJT 50689 b |
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| 1 | | becoming law.
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