Illinois General Assembly - Full Text of SB0641
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Full Text of SB0641  95th General Assembly

SB0641sam001 95TH GENERAL ASSEMBLY

Sen. Deanna Demuzio

Filed: 2/28/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 641

2     AMENDMENT NO. ______. Amend Senate Bill 641 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 27-8.1 as follows:
 
6     (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
7     Sec. 27-8.1. Health examinations and immunizations.
8     (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
12 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
16 parochial nursery school; and, irrespective of grade,

 

 

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1 immediately prior to or upon entrance into any public, private,
2 or parochial school or nursery school, each child shall present
3 proof of having been examined in accordance with this Section
4 and the rules and regulations promulgated hereunder.
5     A tuberculosis skin test screening shall be included as a
6 required part of each health examination included under this
7 Section if the child resides in an area designated by the
8 Department of Public Health as having a high incidence of
9 tuberculosis. For the purposes of this Section, a separate eye
10 examination is included as a part of the health examination
11 required within one year prior to entering kindergarten or the
12 first grade, whichever grade the child first enters, of any
13 public, private, or parochial elementary school. Additional
14 health examinations of pupils, including eye vision
15 examinations in other grades, may be required when deemed
16 necessary by school authorities. Parents are encouraged to have
17 their children undergo eye vision examinations in other grades
18 at the same points in time required for health examinations.
19     (1.5) In compliance with rules adopted by the Department of
20 Public Health and except as otherwise provided in this Section,
21 all children in kindergarten and the second and sixth grades of
22 any public, private, or parochial school shall have a dental
23 examination. Each of these children shall present proof of
24 having been examined by a dentist in accordance with this
25 Section and rules adopted under this Section before May 15th of
26 the school year. If a child in the second or sixth grade fails

 

 

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1 to present proof by May 15th, the school may hold the child's
2 report card until one of the following occurs: (i) the child
3 presents proof of a completed dental examination or (ii) the
4 child presents proof that a dental examination will take place
5 within 60 days after May 15th. The Department of Public Health
6 shall establish, by rule, a waiver for children who show an
7 undue burden or a lack of access to a dentist. Each public,
8 private, and parochial school must give notice of this dental
9 examination requirement to the parents and guardians of
10 students at least 60 days before May 15th of each school year.
11     (2) The Department of Public Health shall promulgate rules
12 and regulations specifying the examinations and procedures
13 that constitute a health examination, which shall include the
14 collection of data relating to obesity, (including at a
15 minimum, date of birth, gender, height, weight, blood pressure,
16 and date of exam), and a dental examination and may recommend
17 by rule that certain additional examinations be performed. The
18 rules and regulations of the Department of Public Health shall
19 specify that a tuberculosis skin test screening shall be
20 included as a required part of each health examination included
21 under this Section if the child resides in an area designated
22 by the Department of Public Health as having a high incidence
23 of tuberculosis. The Department of Public Health shall specify
24 that a diabetes screening as defined by rule shall be included
25 as a required part of each health examination. Diabetes testing
26 is not required.

 

 

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1     Physicians licensed to practice medicine in all of its
2 branches, advanced practice nurses who have a written
3 collaborative agreement with a collaborating physician which
4 authorizes them to perform health examinations, or physician
5 assistants who have been delegated the performance of health
6 examinations by their supervising physician shall be
7 responsible for the performance of the health examinations,
8 other than dental examinations and vision and hearing
9 screening, and shall sign all report forms required by
10 subsection (4) of this Section that pertain to those portions
11 of the health examination for which the physician, advanced
12 practice nurse, or physician assistant is responsible. If a
13 registered nurse performs any part of a health examination,
14 then a physician licensed to practice medicine in all of its
15 branches must review and sign all required report forms.
16 Licensed dentists shall perform all dental examinations and
17 shall sign all report forms required by subsection (4) of this
18 Section that pertain to the dental examinations. Physicians
19 licensed to practice medicine in all its branches, or licensed
20 optometrists, shall perform all eye examinations vision exams
21 required by this Section or by school authorities in accordance
22 with the minimum standards set forth in rules adopted under the
23 Illinois Optometric Practice Act of 1987 as they pertain to
24 children and shall sign all report forms required by subsection
25 (4) of this Section that pertain to the eye examination vision
26 exam. Vision and hearing screening tests, which shall not be

 

 

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1 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
4 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
7 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."
14     (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.
21     (4) The individuals conducting the health examination or
22 dental examination shall record the fact of having conducted
23 the examination, and such additional information as required,
24 including for a health examination data relating to obesity,
25 (including at a minimum, date of birth, gender, height, weight,
26 blood pressure, and date of exam), on uniform forms which the

 

 

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1 Department of Public Health and the State Board of Education
2 shall prescribe for statewide use. The examiner shall summarize
3 on the report form any condition that he or she suspects
4 indicates a need for special services, including for a health
5 examination factors relating to obesity. The individuals
6 confirming the administration of required immunizations shall
7 record as indicated on the form that the immunizations were
8 administered.
9     (5) If a child does not submit proof of having had either
10 the health examination or the immunization as required, then
11 the child shall be examined or receive the immunization, as the
12 case may be, and present proof by October 15 of the current
13 school year, or by an earlier date of the current school year
14 established by a school district. To establish a date before
15 October 15 of the current school year for the health
16 examination or immunization as required, a school district must
17 give notice of the requirements of this Section 60 days prior
18 to the earlier established date. If for medical reasons one or
19 more of the required immunizations must be given after October
20 15 of the current school year, or after an earlier established
21 date of the current school year, then the child shall present,
22 by October 15, or by the earlier established date, a schedule
23 for the administration of the immunizations and a statement of
24 the medical reasons causing the delay, both the schedule and
25 the statement being issued by the physician, advanced practice
26 nurse, physician assistant, registered nurse, or local health

 

 

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1 department that will be responsible for administration of the
2 remaining required immunizations. If a child does not comply by
3 October 15, or by the earlier established date of the current
4 school year, with the requirements of this subsection, then the
5 local school authority shall exclude that child from school
6 until such time as the child presents proof of having had the
7 health examination as required and presents proof of having
8 received those required immunizations which are medically
9 possible to receive immediately. During a child's exclusion
10 from school for noncompliance with this subsection, the child's
11 parents or legal guardian shall be considered in violation of
12 Section 26-1 and subject to any penalty imposed by Section
13 26-10. This subsection (5) does not apply to dental
14 examinations.
15     (6) Every school shall report to the State Board of
16 Education by November 15, in the manner which that agency shall
17 require, the number of children who have received the necessary
18 immunizations and the health examination (other than a dental
19 examination) as required, indicating, of those who have not
20 received the immunizations and examination as required, the
21 number of children who are exempt from health examination and
22 immunization requirements on religious or medical grounds as
23 provided in subsection (8). Every school shall report to the
24 State Board of Education by June 30, in the manner that the
25 State Board requires, the number of children who have received
26 the required dental examination, indicating, of those who have

 

 

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1 not received the required dental examination, the number of
2 children who are exempt from the dental examination on
3 religious grounds as provided in subsection (8) of this Section
4 and the number of children who have received a waiver under
5 subsection (1.5) of this Section. This reported information
6 shall be provided to the Department of Public Health by the
7 State Board of Education.
8     (7) Upon determining that the number of pupils who are
9 required to be in compliance with subsection (5) of this
10 Section is below 90% of the number of pupils enrolled in the
11 school district, 10% of each State aid payment made pursuant to
12 Section 18-8.05 to the school district for such year shall be
13 withheld by the regional superintendent until the number of
14 students in compliance with subsection (5) is the applicable
15 specified percentage or higher.
16     (8) Parents or legal guardians who object to health or
17 dental examinations or any part thereof, or to immunizations,
18 on religious grounds shall not be required to submit their
19 children or wards to the examinations or immunizations to which
20 they so object if such parents or legal guardians present to
21 the appropriate local school authority a signed statement of
22 objection, detailing the grounds for the objection. If the
23 physical condition of the child is such that any one or more of
24 the immunizing agents should not be administered, the examining
25 physician, advanced practice nurse, or physician assistant
26 responsible for the performance of the health examination shall

 

 

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1 endorse that fact upon the health examination form. Exempting a
2 child from the health or dental examination does not exempt the
3 child from participation in the program of physical education
4 training provided in Sections 27-5 through 27-7 of this Code.
5     (9) For the purposes of this Section, "nursery schools"
6 means those nursery schools operated by elementary school
7 systems or secondary level school units or institutions of
8 higher learning.
9 (Source: P.A. 92-703, eff. 7-19-02; 93-504, eff. 1-1-04;
10 93-530, eff. 1-1-04; 93-946, eff. 7-1-05; 93-966, eff. 1-1-05;
11 revised 12-1-05.)
 
12     Section 90. The State Mandates Act is amended by adding
13 Section 8.31 as follows:
 
14     (30 ILCS 805/8.31 new)
15     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
16 of this Act, no reimbursement by the State is required for the
17 implementation of any mandate created by this amendatory Act of
18 the 95th General Assembly.
 
19     Section 99. Effective date. This Act takes effect January
20 1, 2008.".