Full Text of SB2940 93rd General Assembly
SB2940 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2940
Introduced 2/6/2004, by Mattie Hunter SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/27-8.1 |
from Ch. 122, par. 27-8.1 |
410 ILCS 520/4 |
from Ch. 111 1/2, par. 5604 |
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Amends the School Code and the Illinois Health Statistics Act. Provides that health examinations shall include the collection of data relating to obesity, including at a minimum, date of birth, gender, height, weight, blood pressure, waist circumference, and date of exam. Provides that the Department of Public Health shall collect and maintain health data on the extent, nature, and impact of obesity. Provides that the Department may collect health data from local schools and the State Board of Education relating to obesity on health examination forms.
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A BILL FOR
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SB2940 |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 27-8.1 as follows:
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| (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
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| Sec. 27-8.1. Health examinations and immunizations.
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| (1) In compliance with rules and regulations which the | 9 |
| Department of Public
Health shall promulgate, and except as | 10 |
| hereinafter provided, all children in
Illinois shall have a | 11 |
| health examination as follows: within one year prior to
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| entering kindergarten or the first grade of any public, | 13 |
| private, or parochial
elementary school; upon entering the | 14 |
| fifth and ninth grades of any public,
private, or parochial | 15 |
| school; prior to entrance into any public, private, or
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| parochial nursery school; and, irrespective of grade, | 17 |
| immediately prior to or
upon entrance into any public, private, | 18 |
| or parochial school or nursery school,
each child shall present | 19 |
| proof of having been examined in accordance with this
Section | 20 |
| and the rules and regulations promulgated hereunder.
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| A tuberculosis skin test screening shall be included as a | 22 |
| required part of
each health examination included under this | 23 |
| Section if the child resides in an
area designated by the | 24 |
| Department of Public Health as having a high incidence
of | 25 |
| tuberculosis. Additional health examinations of pupils, | 26 |
| including dental
and vision examinations, may be required when | 27 |
| deemed necessary by school
authorities. Parents are encouraged | 28 |
| to have their children undergo dental
and vision examinations | 29 |
| at the same points in time required for health
examinations.
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| (2) The Department of Public Health shall promulgate rules | 31 |
| and regulations
specifying the examinations and procedures | 32 |
| that constitute a health examination , which shall include the |
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| collection of data relating to obesity, including at a minimum, | 2 |
| date of birth, gender, height, weight, blood pressure, waist | 3 |
| circumference, and date of exam,
and may recommend by rule that | 4 |
| certain additional examinations be performed.
The rules and | 5 |
| regulations of the Department of Public Health shall specify | 6 |
| that
a tuberculosis skin test screening shall be included as a | 7 |
| required part of each
health examination included under this | 8 |
| Section if the child resides in an area
designated by the | 9 |
| Department of Public Health as having a high incidence of
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| tuberculosis.
The Department of Public Health shall specify | 11 |
| that a diabetes
screening as defined by rule shall be included | 12 |
| as a required part of each
health examination.
Diabetes testing | 13 |
| is not required.
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| Physicians licensed to practice medicine in all of its | 15 |
| branches, advanced
practice nurses who have a written | 16 |
| collaborative agreement with
a collaborating physician which | 17 |
| authorizes them to perform health
examinations, or physician | 18 |
| assistants who have been delegated the
performance of health | 19 |
| examinations by their supervising physician
shall be
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| responsible for the performance of the health examinations, | 21 |
| other than dental
examinations and vision and hearing | 22 |
| screening, and shall sign all report forms
required by | 23 |
| subsection (4) of this Section that pertain to those portions | 24 |
| of
the health examination for which the physician, advanced | 25 |
| practice nurse, or
physician assistant is responsible.
If a | 26 |
| registered
nurse performs any part of a health examination, | 27 |
| then a physician licensed to
practice medicine in all of its | 28 |
| branches must review and sign all required
report forms. | 29 |
| Licensed dentists shall perform all dental examinations and
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| shall sign all report forms required by subsection (4) of this | 31 |
| Section that
pertain to the dental examinations. Physicians | 32 |
| licensed to practice medicine
in all its branches, or licensed | 33 |
| optometrists, shall perform all vision exams
required by school | 34 |
| authorities and shall sign all report forms required by
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| subsection (4) of this Section that pertain to the vision exam. | 36 |
| Vision and
hearing screening tests, which shall not be |
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| considered examinations as that
term is used in this Section, | 2 |
| shall be conducted in accordance with rules and
regulations of | 3 |
| the Department of Public Health, and by individuals whom the
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| Department of Public Health has certified.
In these rules and | 5 |
| regulations, the Department of Public Health shall
require that | 6 |
| individuals conducting vision screening tests give a child's
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| parent or guardian written notification, before the vision | 8 |
| screening is
conducted, that states, "Vision screening is not a | 9 |
| substitute for a
complete eye and vision evaluation by an eye | 10 |
| doctor. Your child is not
required to undergo this vision | 11 |
| screening if an optometrist or
ophthalmologist has completed | 12 |
| and signed a report form indicating that
an examination has | 13 |
| been administered within the previous 12 months."
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| (3) Every child shall, at or about the same time as he or | 15 |
| she receives
a health examination required by subsection (1) of | 16 |
| this Section, present
to the local school proof of having | 17 |
| received such immunizations against
preventable communicable | 18 |
| diseases as the Department of Public Health shall
require by | 19 |
| rules and regulations promulgated pursuant to this Section and | 20 |
| the
Communicable Disease Prevention Act.
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| (4) The individuals conducting the health examination | 22 |
| shall record the
fact of having conducted the examination, and | 23 |
| such additional information as
required, including data | 24 |
| relating to obesity, including at a minimum, date of birth, | 25 |
| gender, height, weight, blood pressure, waist circumference | 26 |
| and date of exam, on uniform forms which the Department of | 27 |
| Public Health and the State
Board of Education shall prescribe | 28 |
| for statewide use. The examiner shall
summarize on the report | 29 |
| form any condition that he or she suspects indicates a
need for | 30 |
| special services , including factors relating to obesity . The | 31 |
| individuals confirming the administration of
required | 32 |
| immunizations shall record as indicated on the form that the
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| immunizations were administered.
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| (5) If a child does not submit proof of having had either | 35 |
| the health
examination or the immunization as required, then | 36 |
| the child shall be examined
or receive the immunization, as the |
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| case may be, and present proof by October
15 of the current | 2 |
| school year, or by an earlier date of the current school year
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| established by a school district. To establish a date before | 4 |
| October 15 of the
current school year for the health | 5 |
| examination or immunization as required, a
school district must | 6 |
| give notice of the requirements of this Section 60 days
prior | 7 |
| to the earlier established date. If for medical reasons one or | 8 |
| more of
the required immunizations must be given after October | 9 |
| 15 of the current school
year, or after an earlier established | 10 |
| date of the current school year, then
the child shall present, | 11 |
| by October 15, or by the earlier established date, a
schedule | 12 |
| for the administration of the immunizations and a statement of | 13 |
| the
medical reasons causing the delay, both the schedule and | 14 |
| the statement being
issued by the physician, advanced practice | 15 |
| nurse, physician assistant,
registered nurse, or local health | 16 |
| department that will
be responsible for administration of the | 17 |
| remaining required immunizations. If
a child does not comply by | 18 |
| October 15, or by the earlier established date of
the current | 19 |
| school year, with the requirements of this subsection, then the
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| local school authority shall exclude that child from school | 21 |
| until such time as
the child presents proof of having had the | 22 |
| health examination as required and
presents proof of having | 23 |
| received those required immunizations which are
medically | 24 |
| possible to receive immediately. During a child's exclusion | 25 |
| from
school for noncompliance with this subsection, the child's | 26 |
| parents or legal
guardian shall be considered in violation of | 27 |
| Section 26-1 and subject to any
penalty imposed by Section | 28 |
| 26-10.
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| (6) Every school shall report to the State Board of | 30 |
| Education by November
15, in the manner which that agency shall | 31 |
| require, the number of children who
have received the necessary | 32 |
| immunizations and the health examination as
required, | 33 |
| indicating, of those who have not received the immunizations | 34 |
| and
examination as required, the number of children who are | 35 |
| exempt from health
examination and immunization requirements | 36 |
| on religious or medical grounds as
provided in subsection (8). |
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| This reported information shall be provided to the
Department | 2 |
| of Public Health by the State Board of Education.
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| (7) Upon determining that the number of pupils who are | 4 |
| required to be in
compliance with subsection (5) of this | 5 |
| Section is below 90% of the number of
pupils enrolled in the | 6 |
| school district, 10% of each State aid payment made
pursuant to | 7 |
| Section 18-8 to the school district for such year shall be | 8 |
| withheld
by the regional superintendent until the number of | 9 |
| students in compliance with
subsection (5) is the applicable | 10 |
| specified percentage or higher.
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| (8) Parents or legal guardians who object to health
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| examinations or any part thereof, or to immunizations, on | 13 |
| religious grounds
shall not be required to submit their | 14 |
| children or wards to the examinations
or immunizations to which | 15 |
| they so object if such parents or legal guardians
present to | 16 |
| the appropriate local school authority a signed statement of
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| objection, detailing the grounds for the objection. If the | 18 |
| physical condition
of the child is such that any one or more of | 19 |
| the immunizing agents should not
be administered, the examining | 20 |
| physician, advanced practice nurse, or
physician assistant | 21 |
| responsible for the performance of the
health examination shall | 22 |
| endorse that fact upon the health examination form.
Exempting a | 23 |
| child from the health examination does not exempt the child | 24 |
| from
participation in the program of physical education | 25 |
| training provided in
Sections 27-5 through 27-7 of this Code.
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| (9) For the purposes of this Section, "nursery schools" | 27 |
| means those nursery
schools operated by elementary school | 28 |
| systems or secondary level school units
or institutions of | 29 |
| higher learning.
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| (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04; | 31 |
| 93-530, eff.
1-1-04; revised 9-11-03.)
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| Section 10. The Illinois Health Statistics Act is amended | 33 |
| by changing Section 4 as follows:
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| (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
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| Sec. 4. (a) In carrying out the purposes of this Act, the | 2 |
| Department may:
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| (1) Collect and maintain health data on:
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| (i) The extent, nature, and impact of illness , including | 5 |
| factors relating to obesity and disability on the population
of | 6 |
| the State;
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| (ii) The determinants of health and health hazards | 8 |
| including obesity ;
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| (iii) Health resources, including the extent of available | 10 |
| manpower and resources;
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| (iv) Utilization of health care;
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| (v) Health care costs and financing; and
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| (vi) Other health or health-related matters.
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| (2) Undertake and support research, demonstrations, and | 15 |
| evaluations respecting
new or improved methods for obtaining | 16 |
| current data on the matters referred
to in subparagraph (1).
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| (b) The Department may collect health data under authority | 18 |
| granted by
any unit of local government and on behalf of other | 19 |
| governmental or not-for-profit
organizations , including data | 20 |
| collected by local schools and the State Board of Education | 21 |
| relating to obesity on the health examination form required | 22 |
| pursuant to Section 27-8.1 of the School Code .
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| (c) The Department shall collect data only on a voluntary | 24 |
| basis from individuals
and organizations, except when there is | 25 |
| specific legal authority to compel
the mandatory reporting of | 26 |
| the health data so requested. In making any collection
of | 27 |
| health data from an individual or organization the Department | 28 |
| must give
to such individual or organization a written | 29 |
| statement which states:
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| (1) Whether the individual or organization is required to | 31 |
| respond, and
any sanctions for noncompliance;
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| (2) The purposes for which the health data are being | 33 |
| collected; and
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| (3) In the case of any disclosure of identifiable health | 35 |
| data for other
than research and statistical purposes, the | 36 |
| items to be disclosed, to whom
the data are to be disclosed and |
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| the purposes for which the data are to be disclosed.
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| (d) Except as provided in Section 5, no health data | 3 |
| obtained in the course
of activities undertaken or supported | 4 |
| under this Act may be used for any purpose
other than the | 5 |
| purpose for which they were supplied or for which the | 6 |
| individual
or organization described in the data has otherwise | 7 |
| consented.
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| (e) The Department shall take such actions as may be | 9 |
| necessary to assure
that statistics developed under this Act | 10 |
| are of high quality, timely, comprehensive,
as well as | 11 |
| specific, standardized and adequately analyzed and indexed.
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| (f) The Department shall take such action as is appropriate | 13 |
| to effect
the coordination of health data activities , including | 14 |
| health data specifically relating to obesity collected | 15 |
| pursuant to Section 27-8.1 of the School Code, within the State | 16 |
| to eliminate
unnecessary duplication of data collection and | 17 |
| maximize the usefulness of
data collected.
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| (g) The Department shall (1) participate with state, local | 19 |
| and federal
agencies in the design and implementation of a | 20 |
| cooperative system for producing
comparable and uniform health | 21 |
| information and statistics at the federal,
state, and local | 22 |
| levels; and (2) undertake and support research, development,
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| demonstrations, and evaluations respecting such cooperative | 24 |
| system.
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| (Source: P.A. 82-215.)
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