Full Text of HB5043 103rd General Assembly
HB5043eng 103RD GENERAL ASSEMBLY | | | HB5043 Engrossed | | LRB103 39160 RJT 69306 b |
|
| 1 | | AN ACT concerning health. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the Civil Administrative Code of Illinois is | 6 | | amended by changing Section 2310-700 as follows: | 7 | | (20 ILCS 2310/2310-700) | 8 | | Sec. 2310-700. Influenza and meningococcal disease and | 9 | | vaccine information; school districts. The Department shall | 10 | | develop, provide, or approve and shall publish informational | 11 | | materials for school districts in this State regarding | 12 | | influenza and influenza vaccinations and meningococcal disease | 13 | | and meningococcal vaccinations in accordance with the latest | 14 | | information provided by the Advisory Committee on Immunization | 15 | | Practices of the Centers for Disease Control and Prevention. | 16 | | (Source: P.A. 100-977, eff. 1-1-19 .) | 17 | | (20 ILCS 2310/2310-391 rep.) | 18 | | Section 10. The Department of Public Health Powers and | 19 | | Duties Law of the Civil Administrative Code of Illinois is | 20 | | amended by repealing Section 2310-391. | 21 | | Section 15. The School Code is amended by changing Section |
| | | HB5043 Engrossed | - 2 - | LRB103 39160 RJT 69306 b |
|
| 1 | | 27-8.1 as follows: | 2 | | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | 3 | | Sec. 27-8.1. Health examinations and immunizations. | 4 | | (1) In compliance with rules and regulations which the | 5 | | Department of Public Health shall promulgate, and except as | 6 | | hereinafter provided, all children in Illinois shall have a | 7 | | health examination as follows: within one year prior to | 8 | | entering kindergarten or the first grade of any public, | 9 | | private, or parochial elementary school; upon entering the | 10 | | sixth and ninth grades of any public, private, or parochial | 11 | | school; prior to entrance into any public, private, or | 12 | | parochial nursery school; and, irrespective of grade, | 13 | | immediately prior to or upon entrance into any public, | 14 | | private, or parochial school or nursery school, each child | 15 | | shall present proof of having been examined in accordance with | 16 | | this Section and the rules and regulations promulgated | 17 | | hereunder. Any child who received a health examination within | 18 | | one year prior to entering the fifth grade for the 2007-2008 | 19 | | school year is not required to receive an additional health | 20 | | examination in order to comply with the provisions of Public | 21 | | Act 95-422 when he or she attends school for the 2008-2009 | 22 | | school year, unless the child is attending school for the | 23 | | first time as provided in this paragraph. | 24 | | A tuberculosis skin test screening shall be included as a | 25 | | required part of each health examination included under this |
| | | HB5043 Engrossed | - 3 - | LRB103 39160 RJT 69306 b |
|
| 1 | | Section if the child resides in an area designated by the | 2 | | Department of Public Health as having a high incidence of | 3 | | tuberculosis. Additional health examinations of pupils, | 4 | | including eye examinations, may be required when deemed | 5 | | necessary by school authorities. Parents are encouraged to | 6 | | have their children undergo eye examinations at the same | 7 | | points in time required for health examinations. | 8 | | (1.5) In compliance with rules adopted by the Department | 9 | | of Public Health and except as otherwise provided in this | 10 | | Section, all children in kindergarten and the second, sixth, | 11 | | and ninth grades of any public, private, or parochial school | 12 | | shall have a dental examination. Each of these children shall | 13 | | present proof of having been examined by a dentist in | 14 | | accordance with this Section and rules adopted under this | 15 | | Section before May 15th of the school year. If a child in the | 16 | | second, sixth, or ninth grade fails to present proof by May | 17 | | 15th, the school may hold the child's report card until one of | 18 | | the following occurs: (i) the child presents proof of a | 19 | | completed dental examination or (ii) the child presents proof | 20 | | that a dental examination will take place within 60 days after | 21 | | May 15th. A school may not withhold a child's report card | 22 | | during a school year in which the Governor has declared a | 23 | | disaster due to a public health emergency pursuant to Section | 24 | | 7 of the Illinois Emergency Management Agency Act. The | 25 | | Department of Public Health shall establish, by rule, a waiver | 26 | | for children who show an undue burden or a lack of access to a |
| | | HB5043 Engrossed | - 4 - | LRB103 39160 RJT 69306 b |
|
| 1 | | dentist. Each public, private, and parochial school must give | 2 | | notice of this dental examination requirement to the parents | 3 | | and guardians of students at least 60 days before May 15th of | 4 | | each school year. | 5 | | (1.10) Except as otherwise provided in this Section, all | 6 | | children enrolling in kindergarten in a public, private, or | 7 | | parochial school on or after January 1, 2008 (the effective | 8 | | date of Public Act 95-671) and any student enrolling for the | 9 | | first time in a public, private, or parochial school on or | 10 | | after January 1, 2008 (the effective date of Public Act | 11 | | 95-671) shall have an eye examination. Each of these children | 12 | | shall present proof of having been examined by a physician | 13 | | licensed to practice medicine in all of its branches or a | 14 | | licensed optometrist within the previous year, in accordance | 15 | | with this Section and rules adopted under this Section, before | 16 | | October 15th of the school year. If the child fails to present | 17 | | proof by October 15th, the school may hold the child's report | 18 | | card until one of the following occurs: (i) the child presents | 19 | | proof of a completed eye examination or (ii) the child | 20 | | presents proof that an eye examination will take place within | 21 | | 60 days after October 15th. A school may not withhold a child's | 22 | | report card during a school year in which the Governor has | 23 | | declared a disaster due to a public health emergency pursuant | 24 | | to Section 7 of the Illinois Emergency Management Agency Act. | 25 | | The Department of Public Health shall establish, by rule, a | 26 | | waiver for children who show an undue burden or a lack of |
| | | HB5043 Engrossed | - 5 - | LRB103 39160 RJT 69306 b |
|
| 1 | | access to a physician licensed to practice medicine in all of | 2 | | its branches who provides eye examinations or to a licensed | 3 | | optometrist. Each public, private, and parochial school must | 4 | | give notice of this eye examination requirement to the parents | 5 | | and guardians of students in compliance with rules of the | 6 | | Department of Public Health. Nothing in this Section shall be | 7 | | construed to allow a school to exclude a child from attending | 8 | | because of a parent's or guardian's failure to obtain an eye | 9 | | examination for the child. | 10 | | (2) The Department of Public Health shall promulgate rules | 11 | | and regulations specifying the examinations and procedures | 12 | | that constitute a health examination, which shall include an | 13 | | age-appropriate developmental screening, an age-appropriate | 14 | | social and emotional screening, and the collection of data | 15 | | relating to asthma and obesity (including at a minimum, date | 16 | | of birth, gender, height, weight, blood pressure, and date of | 17 | | exam), and a dental examination and may recommend by rule that | 18 | | certain additional examinations be performed. The rules and | 19 | | regulations of the Department of Public Health shall specify | 20 | | that a tuberculosis skin test screening shall be included as a | 21 | | required part of each health examination included under this | 22 | | Section if the child resides in an area designated by the | 23 | | Department of Public Health as having a high incidence of | 24 | | tuberculosis. With respect to the developmental screening and | 25 | | the social and emotional screening, the Department of Public | 26 | | Health must, no later than January 1, 2019, develop rules and |
| | | HB5043 Engrossed | - 6 - | LRB103 39160 RJT 69306 b |
|
| 1 | | appropriate revisions to the Child Health Examination form in | 2 | | conjunction with a statewide organization representing school | 3 | | boards; a statewide organization representing pediatricians; | 4 | | statewide organizations representing individuals holding | 5 | | Illinois educator licenses with school support personnel | 6 | | endorsements, including school social workers, school | 7 | | psychologists, and school nurses; a statewide organization | 8 | | representing children's mental health experts; a statewide | 9 | | organization representing school principals; the Director of | 10 | | Healthcare and Family Services or his or her designee, the | 11 | | State Superintendent of Education or his or her designee; and | 12 | | representatives of other appropriate State agencies and, at a | 13 | | minimum, must recommend the use of validated screening tools | 14 | | appropriate to the child's age or grade, and, with regard to | 15 | | the social and emotional screening, require recording only | 16 | | whether or not the screening was completed. The rules shall | 17 | | take into consideration the screening recommendations of the | 18 | | American Academy of Pediatrics and must be consistent with the | 19 | | State Board of Education's social and emotional learning | 20 | | standards. The Department of Public Health shall specify that | 21 | | a diabetes screening as defined by rule shall be included as a | 22 | | required part of each health examination. Diabetes testing is | 23 | | not required. | 24 | | Physicians licensed to practice medicine in all of its | 25 | | branches, licensed advanced practice registered nurses, or | 26 | | licensed physician assistants shall be responsible for the |
| | | HB5043 Engrossed | - 7 - | LRB103 39160 RJT 69306 b |
|
| 1 | | performance of the health examinations, other than dental | 2 | | examinations, eye examinations, and vision and hearing | 3 | | screening, and shall sign all report forms required by | 4 | | subsection (4) of this Section that pertain to those portions | 5 | | of the health examination for which the physician, advanced | 6 | | practice registered nurse, or physician assistant is | 7 | | responsible. If a registered nurse performs any part of a | 8 | | health examination, then a physician licensed to practice | 9 | | medicine in all of its branches must review and sign all | 10 | | required report forms. Licensed dentists shall perform all | 11 | | dental examinations and shall sign all report forms required | 12 | | by subsection (4) of this Section that pertain to the dental | 13 | | examinations. Physicians licensed to practice medicine in all | 14 | | its branches or licensed optometrists shall perform all eye | 15 | | examinations required by this Section and shall sign all | 16 | | report forms required by subsection (4) of this Section that | 17 | | pertain to the eye examination. For purposes of this Section, | 18 | | an eye examination shall at a minimum include history, visual | 19 | | acuity, subjective refraction to best visual acuity near and | 20 | | far, internal and external examination, and a glaucoma | 21 | | evaluation, as well as any other tests or observations that in | 22 | | the professional judgment of the doctor are necessary. Vision | 23 | | and hearing screening tests, which shall not be considered | 24 | | examinations as that term is used in this Section, shall be | 25 | | conducted in accordance with rules and regulations of the | 26 | | Department of Public Health, and by individuals whom the |
| | | HB5043 Engrossed | - 8 - | LRB103 39160 RJT 69306 b |
|
| 1 | | Department of Public Health has certified. In these rules and | 2 | | regulations, the Department of Public Health shall require | 3 | | that individuals conducting vision screening tests give a | 4 | | child's parent or guardian written notification, before the | 5 | | vision screening is conducted, that states, "Vision screening | 6 | | is not a substitute for a complete eye and vision evaluation by | 7 | | an eye doctor. Your child is not required to undergo this | 8 | | vision screening if an optometrist or ophthalmologist has | 9 | | completed and signed a report form indicating that an | 10 | | examination has been administered within the previous 12 | 11 | | months.". | 12 | | (2.5) With respect to the developmental screening and the | 13 | | social and emotional screening portion of the health | 14 | | examination, each child may present proof of having been | 15 | | screened in accordance with this Section and the rules adopted | 16 | | under this Section before October 15th of the school year. | 17 | | With regard to the social and emotional screening only, the | 18 | | examining health care provider shall only record whether or | 19 | | not the screening was completed. If the child fails to present | 20 | | proof of the developmental screening or the social and | 21 | | emotional screening portions of the health examination by | 22 | | October 15th of the school year, qualified school support | 23 | | personnel may, with a parent's or guardian's consent, offer | 24 | | the developmental screening or the social and emotional | 25 | | screening to the child. Each public, private, and parochial | 26 | | school must give notice of the developmental screening and |
| | | HB5043 Engrossed | - 9 - | LRB103 39160 RJT 69306 b |
|
| 1 | | social and emotional screening requirements to the parents and | 2 | | guardians of students in compliance with the rules of the | 3 | | Department of Public Health. Nothing in this Section shall be | 4 | | construed to allow a school to exclude a child from attending | 5 | | because of a parent's or guardian's failure to obtain a | 6 | | developmental screening or a social and emotional screening | 7 | | for the child. Once a developmental screening or a social and | 8 | | emotional screening is completed and proof has been presented | 9 | | to the school, the school may, with a parent's or guardian's | 10 | | consent, make available appropriate school personnel to work | 11 | | with the parent or guardian, the child, and the provider who | 12 | | signed the screening form to obtain any appropriate | 13 | | evaluations and services as indicated on the form and in other | 14 | | information and documentation provided by the parents, | 15 | | guardians, or provider. | 16 | | (3) Every child shall, at or about the same time as he or | 17 | | she receives a health examination required by subsection (1) | 18 | | of this Section, present to the local school proof of having | 19 | | received such immunizations against preventable communicable | 20 | | diseases as the Department of Public Health shall require by | 21 | | rules and regulations promulgated pursuant to this Section and | 22 | | the Communicable Disease Prevention Act. | 23 | | (4) The individuals conducting the health examination, | 24 | | dental examination, or eye examination shall record the fact | 25 | | of having conducted the examination, and such additional | 26 | | information as required, including for a health examination |
| | | HB5043 Engrossed | - 10 - | LRB103 39160 RJT 69306 b |
|
| 1 | | data relating to asthma and obesity (including at a minimum, | 2 | | date of birth, gender, height, weight, blood pressure, and | 3 | | date of exam), on uniform forms which the Department of Public | 4 | | Health and the State Board of Education shall prescribe for | 5 | | statewide use. The examiner shall summarize on the report form | 6 | | any condition that he or she suspects indicates a need for | 7 | | special services, including for a health examination factors | 8 | | relating to asthma or obesity. The duty to summarize on the | 9 | | report form does not apply to social and emotional screenings. | 10 | | The confidentiality of the information and records relating to | 11 | | the developmental screening and the social and emotional | 12 | | screening shall be determined by the statutes, rules, and | 13 | | professional ethics governing the type of provider conducting | 14 | | the screening. The individuals confirming the administration | 15 | | of required immunizations shall record as indicated on the | 16 | | form that the immunizations were administered. | 17 | | (5) If a child does not submit proof of having had either | 18 | | the health examination or the immunization as required, then | 19 | | the child shall be examined or receive the immunization, as | 20 | | the case may be, and present proof by October 15 of the current | 21 | | school year, or by an earlier date of the current school year | 22 | | established by a school district. To establish a date before | 23 | | October 15 of the current school year for the health | 24 | | examination or immunization as required, a school district | 25 | | must give notice of the requirements of this Section 60 days | 26 | | prior to the earlier established date. If for medical reasons |
| | | HB5043 Engrossed | - 11 - | LRB103 39160 RJT 69306 b |
|
| 1 | | one or more of the required immunizations must be given after | 2 | | October 15 of the current school year, or after an earlier | 3 | | established date of the current school year, then the child | 4 | | shall present, by October 15, or by the earlier established | 5 | | date, a schedule for the administration of the immunizations | 6 | | and a statement of the medical reasons causing the delay, both | 7 | | the schedule and the statement being issued by the physician, | 8 | | advanced practice registered nurse, physician assistant, | 9 | | registered nurse, or local health department that will be | 10 | | responsible for administration of the remaining required | 11 | | immunizations. If a child does not comply by October 15, or by | 12 | | the earlier established date of the current school year, with | 13 | | the requirements of this subsection, then the local school | 14 | | authority shall exclude that child from school until such time | 15 | | as the child presents proof of having had the health | 16 | | examination as required and presents proof of having received | 17 | | those required immunizations which are medically possible to | 18 | | receive immediately. During a child's exclusion from school | 19 | | for noncompliance with this subsection, the child's parents or | 20 | | legal guardian shall be considered in violation of Section | 21 | | 26-1 and subject to any penalty imposed by Section 26-10. This | 22 | | subsection (5) does not apply to dental examinations, eye | 23 | | examinations, and the developmental screening and the social | 24 | | and emotional screening portions of the health examination. If | 25 | | the student is an out-of-state transfer student and does not | 26 | | have the proof required under this subsection (5) before |
| | | HB5043 Engrossed | - 12 - | LRB103 39160 RJT 69306 b |
|
| 1 | | October 15 of the current year or whatever date is set by the | 2 | | school district, then he or she may only attend classes (i) if | 3 | | he or she has proof that an appointment for the required | 4 | | vaccinations has been scheduled with a party authorized to | 5 | | submit proof of the required vaccinations. If the proof of | 6 | | vaccination required under this subsection (5) is not | 7 | | submitted within 30 days after the student is permitted to | 8 | | attend classes, then the student is not to be permitted to | 9 | | attend classes until proof of the vaccinations has been | 10 | | properly submitted. No school district or employee of a school | 11 | | district shall be held liable for any injury or illness to | 12 | | another person that results from admitting an out-of-state | 13 | | transfer student to class that has an appointment scheduled | 14 | | pursuant to this subsection (5). | 15 | | (6) Every school shall report to the State Board of | 16 | | Education by November 15, in the manner which that agency | 17 | | shall require, the number of children who have received the | 18 | | necessary immunizations and the health examination (other than | 19 | | a dental examination or eye examination) as required, | 20 | | indicating, of those who have not received the immunizations | 21 | | and examination as required, the number of children who are | 22 | | exempt from health examination and immunization requirements | 23 | | on religious or medical grounds as provided in subsection (8). | 24 | | On or before December 1 of each year, every public school | 25 | | district and registered nonpublic school shall make publicly | 26 | | available the immunization data they are required to submit to |
| | | HB5043 Engrossed | - 13 - | LRB103 39160 RJT 69306 b |
|
| 1 | | the State Board of Education by November 15. The immunization | 2 | | data made publicly available must be identical to the data the | 3 | | school district or school has reported to the State Board of | 4 | | Education. | 5 | | Every school shall report to the State Board of Education | 6 | | by June 30, in the manner that the State Board requires, the | 7 | | number of children who have received the required dental | 8 | | examination, indicating, of those who have not received the | 9 | | required dental examination, the number of children who are | 10 | | exempt from the dental examination on religious grounds as | 11 | | provided in subsection (8) of this Section and the number of | 12 | | children who have received a waiver under subsection (1.5) of | 13 | | this Section. | 14 | | Every school shall report to the State Board of Education | 15 | | by June 30, in the manner that the State Board requires, the | 16 | | number of children who have received the required eye | 17 | | examination, indicating, of those who have not received the | 18 | | required eye examination, the number of children who are | 19 | | exempt from the eye examination as provided in subsection (8) | 20 | | of this Section, the number of children who have received a | 21 | | waiver under subsection (1.10) of this Section, and the total | 22 | | number of children in noncompliance with the eye examination | 23 | | requirement. | 24 | | The reported information under this subsection (6) shall | 25 | | be provided to the Department of Public Health by the State | 26 | | Board of Education. |
| | | HB5043 Engrossed | - 14 - | LRB103 39160 RJT 69306 b |
|
| 1 | | (7) Upon determining that the number of pupils who are | 2 | | required to be in compliance with subsection (5) of this | 3 | | Section is below 90% of the number of pupils enrolled in the | 4 | | school district, 10% of each State aid payment made pursuant | 5 | | to Section 18-8.05 or 18-8.15 to the school district for such | 6 | | year may be withheld by the State Board of Education until the | 7 | | number of students in compliance with subsection (5) is the | 8 | | applicable specified percentage or higher. | 9 | | (8) Children of parents or legal guardians who object to | 10 | | health, dental, or eye examinations or any part thereof, to | 11 | | immunizations, or to vision and hearing screening tests on | 12 | | religious grounds shall not be required to undergo the | 13 | | examinations, tests, or immunizations to which they so object | 14 | | if such parents or legal guardians present to the appropriate | 15 | | local school authority a signed Certificate of Religious | 16 | | Exemption detailing the grounds for objection and the specific | 17 | | immunizations, tests, or examinations to which they object. | 18 | | The grounds for objection must set forth the specific | 19 | | religious belief that conflicts with the examination, test, | 20 | | immunization, or other medical intervention. The signed | 21 | | certificate shall also reflect the parent's or legal | 22 | | guardian's understanding of the school's exclusion policies in | 23 | | the case of a vaccine-preventable disease outbreak or | 24 | | exposure. The certificate must also be signed by the | 25 | | authorized examining health care provider responsible for the | 26 | | performance of the child's health examination confirming that |
| | | HB5043 Engrossed | - 15 - | LRB103 39160 RJT 69306 b |
|
| 1 | | the provider provided education to the parent or legal | 2 | | guardian on the benefits of immunization and the health risks | 3 | | to the student and to the community of the communicable | 4 | | diseases for which immunization is required in this State. | 5 | | However, the health care provider's signature on the | 6 | | certificate reflects only that education was provided and does | 7 | | not allow a health care provider grounds to determine a | 8 | | religious exemption. Those receiving immunizations required | 9 | | under this Code shall be provided with the relevant vaccine | 10 | | information statements that are required to be disseminated by | 11 | | the federal National Childhood Vaccine Injury Act of 1986, | 12 | | which may contain information on circumstances when a vaccine | 13 | | should not be administered, prior to administering a vaccine. | 14 | | A healthcare provider may consider including without | 15 | | limitation the nationally accepted recommendations from | 16 | | federal agencies such as the Advisory Committee on | 17 | | Immunization Practices, the information outlined in the | 18 | | relevant vaccine information statement, and vaccine package | 19 | | inserts, along with the healthcare provider's clinical | 20 | | judgment, to determine whether any child may be more | 21 | | susceptible to experiencing an adverse vaccine reaction than | 22 | | the general population, and, if so, the healthcare provider | 23 | | may exempt the child from an immunization or adopt an | 24 | | individualized immunization schedule. The Certificate of | 25 | | Religious Exemption shall be created by the Department of | 26 | | Public Health and shall be made available and used by parents |
| | | HB5043 Engrossed | - 16 - | LRB103 39160 RJT 69306 b |
|
| 1 | | and legal guardians by the beginning of the 2015-2016 school | 2 | | year. Parents or legal guardians must submit the Certificate | 3 | | of Religious Exemption to their local school authority prior | 4 | | to entering kindergarten, sixth grade, and ninth grade for | 5 | | each child for which they are requesting an exemption. The | 6 | | religious objection stated need not be directed by the tenets | 7 | | of an established religious organization. However, general | 8 | | philosophical or moral reluctance to allow physical | 9 | | examinations, eye examinations, immunizations, vision and | 10 | | hearing screenings, or dental examinations does not provide a | 11 | | sufficient basis for an exception to statutory requirements. | 12 | | The local school authority is responsible for determining if | 13 | | the content of the Certificate of Religious Exemption | 14 | | constitutes a valid religious objection. The local school | 15 | | authority shall inform the parent or legal guardian of | 16 | | exclusion procedures, in accordance with the Department's | 17 | | rules under Part 690 of Title 77 of the Illinois | 18 | | Administrative Code, at the time the objection is presented. | 19 | | If the physical condition of the child is such that any one | 20 | | or more of the immunizing agents should not be administered, | 21 | | the examining physician, advanced practice registered nurse, | 22 | | or physician assistant responsible for the performance of the | 23 | | health examination shall endorse that fact upon the health | 24 | | examination form. | 25 | | Exempting a child from the health, dental, or eye | 26 | | examination does not exempt the child from participation in |
| | | HB5043 Engrossed | - 17 - | LRB103 39160 RJT 69306 b |
|
| 1 | | the program of physical education training provided in | 2 | | Sections 27-5 through 27-7 of this Code. | 3 | | (8.5) The school board of a school district shall include | 4 | | informational materials regarding influenza and influenza | 5 | | vaccinations and meningococcal disease and meningococcal | 6 | | vaccinations developed, provided, or approved by the | 7 | | Department of Public Health under Section 2310-700 of the | 8 | | Department of Public Health Powers and Duties Law of the Civil | 9 | | Administrative Code of Illinois when the board provides | 10 | | information on immunizations, infectious diseases, | 11 | | medications, or other school health issues to the parents or | 12 | | guardians of students. | 13 | | (9) For the purposes of this Section, "nursery schools" | 14 | | means those nursery schools operated by elementary school | 15 | | systems or secondary level school units or institutions of | 16 | | higher learning. | 17 | | (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; | 18 | | 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. | 19 | | 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, | 20 | | eff. 7-12-19; 101-643, eff. 6-18-20.) |
|