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Public Act 92-0703
SB929 Enrolled LRB9207765DHmb
AN ACT concerning medical examinations.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 27-8.1 as follows:
(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
Sec. 27-8.1. Health examinations and immunizations.
(1) In compliance with rules and regulations which the
Department of Public Health shall promulgate, and except as
hereinafter provided, all children in Illinois shall have a
health examination as follows: within one year prior to
entering kindergarten or the first grade of any public,
private, or parochial elementary school; upon entering the
fifth and ninth grades of any public, private, or parochial
school; prior to entrance into any public, private, or
parochial nursery school; and, irrespective of grade,
immediately prior to or upon entrance into any public,
private, or parochial school or nursery school, each child
shall present proof of having been examined in accordance
with this Section and the rules and regulations promulgated
hereunder.
A tuberculosis skin test screening shall be included as a
required part of each health examination included under this
Section if the child resides in an area designated by the
Department of Public Health as having a high incidence of
tuberculosis. Additional health examinations of pupils,
including dental and vision examinations, may be required
when deemed necessary by school authorities. Parents are
encouraged to have their children undergo dental examinations
at the same points in time required for health examinations.
(2) The Department of Public Health shall promulgate
rules and regulations specifying the examinations and
procedures that constitute a health examination and may
recommend by rule that certain additional examinations be
performed. The rules and regulations of the Department of
Public Health shall specify that a tuberculosis skin test
screening shall be included as a required part of each health
examination included under this Section if the child resides
in an area designated by the Department of Public Health as
having a high incidence of tuberculosis.
Physicians licensed to practice medicine in all of its
branches, advanced practice nurses who have a written
collaborative agreement with a collaborating physician which
authorizes them to perform health examinations, or physician
assistants who have been delegated the performance of health
examinations by their supervising physician shall be
responsible for the performance of the health examinations,
other than dental examinations and vision and hearing
screening, and shall sign all report forms required by
subsection (4) of this Section that pertain to those portions
of the health examination for which the physician, advanced
practice nurse, or physician assistant is responsible. If a
registered nurse performs any part of a health examination,
then a physician licensed to practice medicine in all of its
branches must review and sign all required report forms.
Licensed dentists shall perform all dental examinations and
shall sign all report forms required by subsection (4) of
this Section that pertain to the dental examinations.
Physicians licensed to practice medicine in all its branches,
or licensed optometrists, shall perform all vision exams
required by school authorities and shall sign all report
forms required by subsection (4) of this Section that pertain
to the vision exam. Vision and hearing screening tests,
which shall not be considered examinations as that term is
used in this Section, shall be conducted in accordance with
rules and regulations of the Department of Public Health, and
by individuals whom the Department of Public Health has
certified.
(3) Every child shall, at or about the same time as he
or she receives a health examination required by subsection
(1) of this Section, present to the local school proof of
having received such immunizations against preventable
communicable diseases as the Department of Public Health
shall require by rules and regulations promulgated pursuant
to this Section and the Communicable Disease Prevention Act.
(4) The individuals conducting the health examination
shall record the fact of having conducted the examination,
and such additional information as required, on uniform forms
which the Department of Public Health and the State Board of
Education shall prescribe for statewide use. The examiner
shall summarize on the report form any condition that he or
she suspects indicates a need for special services. The
individuals confirming the administration of required
immunizations shall record as indicated on the form that the
immunizations were administered.
(5) If a child does not submit proof of having had
either the health examination or the immunization as
required, then the child shall be examined or receive the
immunization, as the case may be, and present proof by
October 15 of the current school year, or by an earlier date
of the current school year established by a school district.
To establish a date before October 15 of the current school
year for the health examination or immunization as required,
a school district must give notice of the requirements of
this Section 60 days prior to the earlier established date.
If for medical reasons one or more of the required
immunizations must be given after October 15 of the current
school year, or after an earlier established date of the
current school year, then the child shall present, by October
15, or by the earlier established date, a schedule for the
administration of the immunizations and a statement of the
medical reasons causing the delay, both the schedule and the
statement being issued by the physician, advanced practice
nurse, physician assistant, registered nurse, or local health
department that will be responsible for administration of the
remaining required immunizations. If a child does not comply
by October 15, or by the earlier established date of the
current school year, with the requirements of this
subsection, then the local school authority shall exclude
that child from school until such time as the child presents
proof of having had the health examination as required and
presents proof of having received those required
immunizations which are medically possible to receive
immediately. During a child's exclusion from school for
noncompliance with this subsection, the child's parents or
legal guardian shall be considered in violation of Section
26-1 and subject to any penalty imposed by Section 26-10.
(6) Every school shall report to the State Board of
Education by November 15, in the manner which that agency
shall require, the number of children who have received the
necessary immunizations and the health examination as
required, indicating, of those who have not received the
immunizations and examination as required, the number of
children who are exempt from health examination and
immunization requirements on religious or medical grounds as
provided in subsection (8). This reported information shall
be provided to the Department of Public Health by the State
Board of Education.
(7) Upon determining that the number of pupils who are
required to be in compliance with subsection (5) of this
Section is below 90% of the number of pupils enrolled in the
school district, 10% of each State aid payment made pursuant
to Section 18-8 to the school district for such year shall be
withheld by the regional superintendent until the number of
students in compliance with subsection (5) is the applicable
specified percentage or higher.
(8) Parents or legal guardians who object to health
examinations or any part thereof, or to immunizations, on
religious grounds shall not be required to submit their
children or wards to the examinations or immunizations to
which they so object if such parents or legal guardians
present to the appropriate local school authority a signed
statement of objection, detailing the grounds for the
objection. If the physical condition of the child is such
that any one or more of the immunizing agents should not be
administered, the examining physician, advanced practice
nurse, or physician assistant responsible for the performance
of the health examination shall endorse that fact upon the
health examination form. Exempting a child from the health
examination does not exempt the child from participation in
the program of physical education training provided in
Sections 27-5 through 27-7 of this Code.
(9) For the purposes of this Section, "nursery schools"
means those nursery schools operated by elementary school
systems or secondary level school units or institutions of
higher learning.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 6-106.1, 6-901, and 18b-105 as follows:
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus
driver permit to those applicants who have met all the
requirements of the application and screening process under
this Section to insure the welfare and safety of children who
are transported on school buses throughout the State of
Illinois. Applicants shall obtain the proper application
required by the Secretary of State from their prospective or
current employer and submit the completed application to the
prospective or current employer along with the necessary
fingerprint submission as required by the Department of State
Police to conduct fingerprint based criminal background
checks on current and future information available in the
state system and current information available through the
Federal Bureau of Investigation's system. Applicants who
have completed the fingerprinting requirements shall not be
subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful
completion of the annual refresher course. Individuals who
on the effective date of this Act possess a valid school bus
driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to,
the amounts established by the Department of State Police and
the Federal Bureau of Investigation to process fingerprint
based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving
privileges disqualified within the 3 years immediately
prior to the date of application;
4. successfully pass a written test, administered
by the Secretary of State, on school bus operation,
school bus safety, and special traffic laws relating to
school buses and submit to a review of the applicant's
driving habits by the Secretary of State at the time the
written test is given;
5. demonstrate ability to exercise reasonable care
in the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law,
conducted by a licensed physician, an advanced practice
nurse who has a written collaborative agreement with a
collaborating physician which authorizes him or her to
perform medical examinations, or a physician assistant
who has been delegated the performance of medical
examinations by his or her supervising physician within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and
after satisfactory completion of said initial course an
annual refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been convicted of 2 or more serious
traffic offenses, as defined by rule, within one year
prior to the date of application that may endanger the
life or safety of any of the driver's passengers within
the duration of the permit period;
10. not have been convicted of reckless driving,
driving while intoxicated, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of
the date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4 of the
Criminal Code of 1961; (ii) those offenses defined in the
Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those
offenses defined in the Illinois Controlled Substances
Act; (iv) any offense committed or attempted in any other
state or against the laws of the United States, which if
committed or attempted in this State would be punishable
as one or more of the foregoing offenses; (v) the
offenses defined in Section 4.1 and 5.1 of the Wrongs to
Children Act and (vi) those offenses defined in Section
6-16 of the Liquor Control Act of 1934;
12. not have been repeatedly involved as a driver
in motor vehicle collisions or been repeatedly convicted
of offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused an accident resulting in the death
of any person; and
14. not have, within the last 5 years, been
adjudged to be afflicted with or suffering from any
mental disability or disease.
(b) A school bus driver permit shall be valid for a
period specified by the Secretary of State as set forth by
rule. It shall be renewable upon compliance with subsection
(a) of this Section.
(c) A school bus driver permit shall contain the
holder's driver's license number, name, address, zip code,
social security number and date of birth, a brief description
of the holder and a space for signature. The Secretary of
State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the
Department of State Police that are required for the criminal
background investigations. The employer shall certify in
writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the
successful completion of an Illinois specific criminal
background investigation through the Department of State
Police and the submission of necessary fingerprints to the
Federal Bureau of Investigation for criminal history
information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon
receiving certification from the employer that all
pre-employment conditions have been successfully completed,
and upon successful completion of all training and
examination requirements for the classification of the
vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit
shall remain in a provisional status pending the completion
of the Federal Bureau of Investigation's criminal background
investigation based upon fingerprinting specimens submitted
to the Federal Bureau of Investigation by the Department of
State Police. The Federal Bureau of Investigation shall
report the findings directly to the Secretary of State. The
Secretary of State shall remove the bus driver permit from
provisional status upon the applicant's successful completion
of the Federal Bureau of Investigation's criminal background
investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for
a first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school
bus driver permit of an applicant whose criminal
background investigation discloses that he or she is not
in compliance with the provisions of subsection (a) of
this Section.
(2) The Secretary of State shall cancel a school
bus driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school
bus driver permit if the permit holder's restricted
commercial or commercial driving privileges are withdrawn
or otherwise invalidated.
(4) The Secretary of State may not issue a school
bus driver permit for a period of 3 years to an applicant
who fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend
a school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1)
has failed a criminal background investigation or (2) is no
longer eligible for a school bus driver permit; and of the
related cancellation of the applicant's provisional school
bus driver permit. The cancellation shall remain in effect
pending the outcome of a hearing pursuant to Section 2-118
of this Code. The scope of the hearing shall be limited to
the issuance criteria contained in subsection (a) of this
Section. A petition requesting a hearing shall be submitted
to the Secretary of State and shall contain the reason the
individual feels he or she is entitled to a school bus driver
permit. The permit holder's employer shall notify in writing
to the Secretary of State that the employer has certified the
removal of the offending school bus driver from service prior
to the start of that school bus driver's next workshift. An
employing school board that fails to remove the offending
school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective
until their expiration date unless otherwise invalidated.
(Source: P.A. 90-191, eff. 1-1-98; 91-500, eff. 8-13-99.)
(625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
Sec. 6-901. Definitions Definition. For the purposes of
this Article:
"Board" means the Driver's License Medical Advisory
Board.
"Medical examiner" or "medical practitioner" means any
person licensed to practice medicine in all its branches in
the State of Illinois.
(Source: P.A. 90-89, eff. 1-1-98.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 385-Safety Fitness Procedures;
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers; and
Part 396-Inspection, Repair and Maintenance.
(b-5) Individuals who meet the requirements set forth in
the definition of "medical examiner" in Section 390.5 of Part
390 of Title 49 of the Code of Federal Regulations may act as
medical examiners in accordance with Part 391 of Title 49 of
the Code of Federal Regulations.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank).
(4) (Blank).
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in Chapter 1, between the period of February 1
through November 30 each year, and all farm to market
agricultural transportation as defined in Chapter 1 and
for grain hauling operations within a radius of 200 air
miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
90-655, eff. 7-30-98; 91-179, eff. 1-1-00.)
(625 ILCS 5/1-142.1a rep.)
Section 15. The Illinois Vehicle Code is amended by
repealing Section 1-142.1a.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 23, 2002.
Approved July 19, 2002.
Effective July 19, 2002.
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