Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3378 Compare Versions

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1-Public Act 103-0985
21 SB3378 EnrolledLRB103 39159 RJT 69305 b SB3378 Enrolled LRB103 39159 RJT 69305 b
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4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Department of Public Health Powers and
8-Duties Law of the Civil Administrative Code of Illinois is
9-amended by changing Section 2310-700 as follows:
10-(20 ILCS 2310/2310-700)
11-Sec. 2310-700. Influenza and meningococcal disease and
12-vaccine information; school districts. The Department shall
13-develop, provide, or approve and shall publish informational
14-materials for school districts in this State regarding
15-influenza and influenza vaccinations and meningococcal disease
16-and meningococcal vaccinations in accordance with the latest
17-information provided by the Advisory Committee on Immunization
18-Practices of the Centers for Disease Control and Prevention.
19-(Source: P.A. 100-977, eff. 1-1-19.)
20-(20 ILCS 2310/2310-391 rep.)
21-Section 10. The Department of Public Health Powers and
22-Duties Law of the Civil Administrative Code of Illinois is
23-amended by repealing Section 2310-391.
24-Section 15. The School Code is amended by changing Section
3+1 AN ACT concerning health.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Department of Public Health Powers and
7+5 Duties Law of the Civil Administrative Code of Illinois is
8+6 amended by changing Section 2310-700 as follows:
9+7 (20 ILCS 2310/2310-700)
10+8 Sec. 2310-700. Influenza and meningococcal disease and
11+9 vaccine information; school districts. The Department shall
12+10 develop, provide, or approve and shall publish informational
13+11 materials for school districts in this State regarding
14+12 influenza and influenza vaccinations and meningococcal disease
15+13 and meningococcal vaccinations in accordance with the latest
16+14 information provided by the Advisory Committee on Immunization
17+15 Practices of the Centers for Disease Control and Prevention.
18+16 (Source: P.A. 100-977, eff. 1-1-19.)
19+17 (20 ILCS 2310/2310-391 rep.)
20+18 Section 10. The Department of Public Health Powers and
21+19 Duties Law of the Civil Administrative Code of Illinois is
22+20 amended by repealing Section 2310-391.
23+21 Section 15. The School Code is amended by changing Section
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31-27-8.1 as follows:
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32+1 27-8.1 as follows:
33+2 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
34+3 Sec. 27-8.1. Health examinations and immunizations.
35+4 (1) In compliance with rules and regulations which the
36+5 Department of Public Health shall promulgate, and except as
37+6 hereinafter provided, all children in Illinois shall have a
38+7 health examination as follows: within one year prior to
39+8 entering kindergarten or the first grade of any public,
40+9 private, or parochial elementary school; upon entering the
41+10 sixth and ninth grades of any public, private, or parochial
42+11 school; prior to entrance into any public, private, or
43+12 parochial nursery school; and, irrespective of grade,
44+13 immediately prior to or upon entrance into any public,
45+14 private, or parochial school or nursery school, each child
46+15 shall present proof of having been examined in accordance with
47+16 this Section and the rules and regulations promulgated
48+17 hereunder. Any child who received a health examination within
49+18 one year prior to entering the fifth grade for the 2007-2008
50+19 school year is not required to receive an additional health
51+20 examination in order to comply with the provisions of Public
52+21 Act 95-422 when he or she attends school for the 2008-2009
53+22 school year, unless the child is attending school for the
54+23 first time as provided in this paragraph.
55+24 A tuberculosis skin test screening shall be included as a
56+25 required part of each health examination included under this
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67+1 Section if the child resides in an area designated by the
68+2 Department of Public Health as having a high incidence of
69+3 tuberculosis. Additional health examinations of pupils,
70+4 including eye examinations, may be required when deemed
71+5 necessary by school authorities. Parents are encouraged to
72+6 have their children undergo eye examinations at the same
73+7 points in time required for health examinations.
74+8 (1.5) In compliance with rules adopted by the Department
75+9 of Public Health and except as otherwise provided in this
76+10 Section, all children in kindergarten and the second, sixth,
77+11 and ninth grades of any public, private, or parochial school
78+12 shall have a dental examination. Each of these children shall
79+13 present proof of having been examined by a dentist in
80+14 accordance with this Section and rules adopted under this
81+15 Section before May 15th of the school year. If a child in the
82+16 second, sixth, or ninth grade fails to present proof by May
83+17 15th, the school may hold the child's report card until one of
84+18 the following occurs: (i) the child presents proof of a
85+19 completed dental examination or (ii) the child presents proof
86+20 that a dental examination will take place within 60 days after
87+21 May 15th. A school may not withhold a child's report card
88+22 during a school year in which the Governor has declared a
89+23 disaster due to a public health emergency pursuant to Section
90+24 7 of the Illinois Emergency Management Agency Act. The
91+25 Department of Public Health shall establish, by rule, a waiver
92+26 for children who show an undue burden or a lack of access to a
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103+1 dentist. Each public, private, and parochial school must give
104+2 notice of this dental examination requirement to the parents
105+3 and guardians of students at least 60 days before May 15th of
106+4 each school year.
107+5 (1.10) Except as otherwise provided in this Section, all
108+6 children enrolling in kindergarten in a public, private, or
109+7 parochial school on or after January 1, 2008 (the effective
110+8 date of Public Act 95-671) and any student enrolling for the
111+9 first time in a public, private, or parochial school on or
112+10 after January 1, 2008 (the effective date of Public Act
113+11 95-671) shall have an eye examination. Each of these children
114+12 shall present proof of having been examined by a physician
115+13 licensed to practice medicine in all of its branches or a
116+14 licensed optometrist within the previous year, in accordance
117+15 with this Section and rules adopted under this Section, before
118+16 October 15th of the school year. If the child fails to present
119+17 proof by October 15th, the school may hold the child's report
120+18 card until one of the following occurs: (i) the child presents
121+19 proof of a completed eye examination or (ii) the child
122+20 presents proof that an eye examination will take place within
123+21 60 days after October 15th. A school may not withhold a child's
124+22 report card during a school year in which the Governor has
125+23 declared a disaster due to a public health emergency pursuant
126+24 to Section 7 of the Illinois Emergency Management Agency Act.
127+25 The Department of Public Health shall establish, by rule, a
128+26 waiver for children who show an undue burden or a lack of
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139+1 access to a physician licensed to practice medicine in all of
140+2 its branches who provides eye examinations or to a licensed
141+3 optometrist. Each public, private, and parochial school must
142+4 give notice of this eye examination requirement to the parents
143+5 and guardians of students in compliance with rules of the
144+6 Department of Public Health. Nothing in this Section shall be
145+7 construed to allow a school to exclude a child from attending
146+8 because of a parent's or guardian's failure to obtain an eye
147+9 examination for the child.
148+10 (2) The Department of Public Health shall promulgate rules
149+11 and regulations specifying the examinations and procedures
150+12 that constitute a health examination, which shall include an
151+13 age-appropriate developmental screening, an age-appropriate
152+14 social and emotional screening, and the collection of data
153+15 relating to asthma and obesity (including at a minimum, date
154+16 of birth, gender, height, weight, blood pressure, and date of
155+17 exam), and a dental examination and may recommend by rule that
156+18 certain additional examinations be performed. The rules and
157+19 regulations of the Department of Public Health shall specify
158+20 that a tuberculosis skin test screening shall be included as a
159+21 required part of each health examination included under this
160+22 Section if the child resides in an area designated by the
161+23 Department of Public Health as having a high incidence of
162+24 tuberculosis. With respect to the developmental screening and
163+25 the social and emotional screening, the Department of Public
164+26 Health must, no later than January 1, 2019, develop rules and
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175+1 appropriate revisions to the Child Health Examination form in
176+2 conjunction with a statewide organization representing school
177+3 boards; a statewide organization representing pediatricians;
178+4 statewide organizations representing individuals holding
179+5 Illinois educator licenses with school support personnel
180+6 endorsements, including school social workers, school
181+7 psychologists, and school nurses; a statewide organization
182+8 representing children's mental health experts; a statewide
183+9 organization representing school principals; the Director of
184+10 Healthcare and Family Services or his or her designee, the
185+11 State Superintendent of Education or his or her designee; and
186+12 representatives of other appropriate State agencies and, at a
187+13 minimum, must recommend the use of validated screening tools
188+14 appropriate to the child's age or grade, and, with regard to
189+15 the social and emotional screening, require recording only
190+16 whether or not the screening was completed. The rules shall
191+17 take into consideration the screening recommendations of the
192+18 American Academy of Pediatrics and must be consistent with the
193+19 State Board of Education's social and emotional learning
194+20 standards. The Department of Public Health shall specify that
195+21 a diabetes screening as defined by rule shall be included as a
196+22 required part of each health examination. Diabetes testing is
197+23 not required.
198+24 Physicians licensed to practice medicine in all of its
199+25 branches, licensed advanced practice registered nurses, or
200+26 licensed physician assistants shall be responsible for the
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211+1 performance of the health examinations, other than dental
212+2 examinations, eye examinations, and vision and hearing
213+3 screening, and shall sign all report forms required by
214+4 subsection (4) of this Section that pertain to those portions
215+5 of the health examination for which the physician, advanced
216+6 practice registered nurse, or physician assistant is
217+7 responsible. If a registered nurse performs any part of a
218+8 health examination, then a physician licensed to practice
219+9 medicine in all of its branches must review and sign all
220+10 required report forms. Licensed dentists shall perform all
221+11 dental examinations and shall sign all report forms required
222+12 by subsection (4) of this Section that pertain to the dental
223+13 examinations. Physicians licensed to practice medicine in all
224+14 its branches or licensed optometrists shall perform all eye
225+15 examinations required by this Section and shall sign all
226+16 report forms required by subsection (4) of this Section that
227+17 pertain to the eye examination. For purposes of this Section,
228+18 an eye examination shall at a minimum include history, visual
229+19 acuity, subjective refraction to best visual acuity near and
230+20 far, internal and external examination, and a glaucoma
231+21 evaluation, as well as any other tests or observations that in
232+22 the professional judgment of the doctor are necessary. Vision
233+23 and hearing screening tests, which shall not be considered
234+24 examinations as that term is used in this Section, shall be
235+25 conducted in accordance with rules and regulations of the
236+26 Department of Public Health, and by individuals whom the
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247+1 Department of Public Health has certified. In these rules and
248+2 regulations, the Department of Public Health shall require
249+3 that individuals conducting vision screening tests give a
250+4 child's parent or guardian written notification, before the
251+5 vision screening is conducted, that states, "Vision screening
252+6 is not a substitute for a complete eye and vision evaluation by
253+7 an eye doctor. Your child is not required to undergo this
254+8 vision screening if an optometrist or ophthalmologist has
255+9 completed and signed a report form indicating that an
256+10 examination has been administered within the previous 12
257+11 months.".
258+12 (2.5) With respect to the developmental screening and the
259+13 social and emotional screening portion of the health
260+14 examination, each child may present proof of having been
261+15 screened in accordance with this Section and the rules adopted
262+16 under this Section before October 15th of the school year.
263+17 With regard to the social and emotional screening only, the
264+18 examining health care provider shall only record whether or
265+19 not the screening was completed. If the child fails to present
266+20 proof of the developmental screening or the social and
267+21 emotional screening portions of the health examination by
268+22 October 15th of the school year, qualified school support
269+23 personnel may, with a parent's or guardian's consent, offer
270+24 the developmental screening or the social and emotional
271+25 screening to the child. Each public, private, and parochial
272+26 school must give notice of the developmental screening and
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283+1 social and emotional screening requirements to the parents and
284+2 guardians of students in compliance with the rules of the
285+3 Department of Public Health. Nothing in this Section shall be
286+4 construed to allow a school to exclude a child from attending
287+5 because of a parent's or guardian's failure to obtain a
288+6 developmental screening or a social and emotional screening
289+7 for the child. Once a developmental screening or a social and
290+8 emotional screening is completed and proof has been presented
291+9 to the school, the school may, with a parent's or guardian's
292+10 consent, make available appropriate school personnel to work
293+11 with the parent or guardian, the child, and the provider who
294+12 signed the screening form to obtain any appropriate
295+13 evaluations and services as indicated on the form and in other
296+14 information and documentation provided by the parents,
297+15 guardians, or provider.
298+16 (3) Every child shall, at or about the same time as he or
299+17 she receives a health examination required by subsection (1)
300+18 of this Section, present to the local school proof of having
301+19 received such immunizations against preventable communicable
302+20 diseases as the Department of Public Health shall require by
303+21 rules and regulations promulgated pursuant to this Section and
304+22 the Communicable Disease Prevention Act.
305+23 (4) The individuals conducting the health examination,
306+24 dental examination, or eye examination shall record the fact
307+25 of having conducted the examination, and such additional
308+26 information as required, including for a health examination
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319+1 data relating to asthma and obesity (including at a minimum,
320+2 date of birth, gender, height, weight, blood pressure, and
321+3 date of exam), on uniform forms which the Department of Public
322+4 Health and the State Board of Education shall prescribe for
323+5 statewide use. The examiner shall summarize on the report form
324+6 any condition that he or she suspects indicates a need for
325+7 special services, including for a health examination factors
326+8 relating to asthma or obesity. The duty to summarize on the
327+9 report form does not apply to social and emotional screenings.
328+10 The confidentiality of the information and records relating to
329+11 the developmental screening and the social and emotional
330+12 screening shall be determined by the statutes, rules, and
331+13 professional ethics governing the type of provider conducting
332+14 the screening. The individuals confirming the administration
333+15 of required immunizations shall record as indicated on the
334+16 form that the immunizations were administered.
335+17 (5) If a child does not submit proof of having had either
336+18 the health examination or the immunization as required, then
337+19 the child shall be examined or receive the immunization, as
338+20 the case may be, and present proof by October 15 of the current
339+21 school year, or by an earlier date of the current school year
340+22 established by a school district. To establish a date before
341+23 October 15 of the current school year for the health
342+24 examination or immunization as required, a school district
343+25 must give notice of the requirements of this Section 60 days
344+26 prior to the earlier established date. If for medical reasons
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355+1 one or more of the required immunizations must be given after
356+2 October 15 of the current school year, or after an earlier
357+3 established date of the current school year, then the child
358+4 shall present, by October 15, or by the earlier established
359+5 date, a schedule for the administration of the immunizations
360+6 and a statement of the medical reasons causing the delay, both
361+7 the schedule and the statement being issued by the physician,
362+8 advanced practice registered nurse, physician assistant,
363+9 registered nurse, or local health department that will be
364+10 responsible for administration of the remaining required
365+11 immunizations. If a child does not comply by October 15, or by
366+12 the earlier established date of the current school year, with
367+13 the requirements of this subsection, then the local school
368+14 authority shall exclude that child from school until such time
369+15 as the child presents proof of having had the health
370+16 examination as required and presents proof of having received
371+17 those required immunizations which are medically possible to
372+18 receive immediately. During a child's exclusion from school
373+19 for noncompliance with this subsection, the child's parents or
374+20 legal guardian shall be considered in violation of Section
375+21 26-1 and subject to any penalty imposed by Section 26-10. This
376+22 subsection (5) does not apply to dental examinations, eye
377+23 examinations, and the developmental screening and the social
378+24 and emotional screening portions of the health examination. If
379+25 the student is an out-of-state transfer student and does not
380+26 have the proof required under this subsection (5) before
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391+1 October 15 of the current year or whatever date is set by the
392+2 school district, then he or she may only attend classes (i) if
393+3 he or she has proof that an appointment for the required
394+4 vaccinations has been scheduled with a party authorized to
395+5 submit proof of the required vaccinations. If the proof of
396+6 vaccination required under this subsection (5) is not
397+7 submitted within 30 days after the student is permitted to
398+8 attend classes, then the student is not to be permitted to
399+9 attend classes until proof of the vaccinations has been
400+10 properly submitted. No school district or employee of a school
401+11 district shall be held liable for any injury or illness to
402+12 another person that results from admitting an out-of-state
403+13 transfer student to class that has an appointment scheduled
404+14 pursuant to this subsection (5).
405+15 (6) Every school shall report to the State Board of
406+16 Education by November 15, in the manner which that agency
407+17 shall require, the number of children who have received the
408+18 necessary immunizations and the health examination (other than
409+19 a dental examination or eye examination) as required,
410+20 indicating, of those who have not received the immunizations
411+21 and examination as required, the number of children who are
412+22 exempt from health examination and immunization requirements
413+23 on religious or medical grounds as provided in subsection (8).
414+24 On or before December 1 of each year, every public school
415+25 district and registered nonpublic school shall make publicly
416+26 available the immunization data they are required to submit to
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427+1 the State Board of Education by November 15. The immunization
428+2 data made publicly available must be identical to the data the
429+3 school district or school has reported to the State Board of
430+4 Education.
431+5 Every school shall report to the State Board of Education
432+6 by June 30, in the manner that the State Board requires, the
433+7 number of children who have received the required dental
434+8 examination, indicating, of those who have not received the
435+9 required dental examination, the number of children who are
436+10 exempt from the dental examination on religious grounds as
437+11 provided in subsection (8) of this Section and the number of
438+12 children who have received a waiver under subsection (1.5) of
439+13 this Section.
440+14 Every school shall report to the State Board of Education
441+15 by June 30, in the manner that the State Board requires, the
442+16 number of children who have received the required eye
443+17 examination, indicating, of those who have not received the
444+18 required eye examination, the number of children who are
445+19 exempt from the eye examination as provided in subsection (8)
446+20 of this Section, the number of children who have received a
447+21 waiver under subsection (1.10) of this Section, and the total
448+22 number of children in noncompliance with the eye examination
449+23 requirement.
450+24 The reported information under this subsection (6) shall
451+25 be provided to the Department of Public Health by the State
452+26 Board of Education.
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463+1 (7) Upon determining that the number of pupils who are
464+2 required to be in compliance with subsection (5) of this
465+3 Section is below 90% of the number of pupils enrolled in the
466+4 school district, 10% of each State aid payment made pursuant
467+5 to Section 18-8.05 or 18-8.15 to the school district for such
468+6 year may be withheld by the State Board of Education until the
469+7 number of students in compliance with subsection (5) is the
470+8 applicable specified percentage or higher.
471+9 (8) Children of parents or legal guardians who object to
472+10 health, dental, or eye examinations or any part thereof, to
473+11 immunizations, or to vision and hearing screening tests on
474+12 religious grounds shall not be required to undergo the
475+13 examinations, tests, or immunizations to which they so object
476+14 if such parents or legal guardians present to the appropriate
477+15 local school authority a signed Certificate of Religious
478+16 Exemption detailing the grounds for objection and the specific
479+17 immunizations, tests, or examinations to which they object.
480+18 The grounds for objection must set forth the specific
481+19 religious belief that conflicts with the examination, test,
482+20 immunization, or other medical intervention. The signed
483+21 certificate shall also reflect the parent's or legal
484+22 guardian's understanding of the school's exclusion policies in
485+23 the case of a vaccine-preventable disease outbreak or
486+24 exposure. The certificate must also be signed by the
487+25 authorized examining health care provider responsible for the
488+26 performance of the child's health examination confirming that
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499+1 the provider provided education to the parent or legal
500+2 guardian on the benefits of immunization and the health risks
501+3 to the student and to the community of the communicable
502+4 diseases for which immunization is required in this State.
503+5 However, the health care provider's signature on the
504+6 certificate reflects only that education was provided and does
505+7 not allow a health care provider grounds to determine a
506+8 religious exemption. Those receiving immunizations required
507+9 under this Code shall be provided with the relevant vaccine
508+10 information statements that are required to be disseminated by
509+11 the federal National Childhood Vaccine Injury Act of 1986,
510+12 which may contain information on circumstances when a vaccine
511+13 should not be administered, prior to administering a vaccine.
512+14 A healthcare provider may consider including without
513+15 limitation the nationally accepted recommendations from
514+16 federal agencies such as the Advisory Committee on
515+17 Immunization Practices, the information outlined in the
516+18 relevant vaccine information statement, and vaccine package
517+19 inserts, along with the healthcare provider's clinical
518+20 judgment, to determine whether any child may be more
519+21 susceptible to experiencing an adverse vaccine reaction than
520+22 the general population, and, if so, the healthcare provider
521+23 may exempt the child from an immunization or adopt an
522+24 individualized immunization schedule. The Certificate of
523+25 Religious Exemption shall be created by the Department of
524+26 Public Health and shall be made available and used by parents
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535+1 and legal guardians by the beginning of the 2015-2016 school
536+2 year. Parents or legal guardians must submit the Certificate
537+3 of Religious Exemption to their local school authority prior
538+4 to entering kindergarten, sixth grade, and ninth grade for
539+5 each child for which they are requesting an exemption. The
540+6 religious objection stated need not be directed by the tenets
541+7 of an established religious organization. However, general
542+8 philosophical or moral reluctance to allow physical
543+9 examinations, eye examinations, immunizations, vision and
544+10 hearing screenings, or dental examinations does not provide a
545+11 sufficient basis for an exception to statutory requirements.
546+12 The local school authority is responsible for determining if
547+13 the content of the Certificate of Religious Exemption
548+14 constitutes a valid religious objection. The local school
549+15 authority shall inform the parent or legal guardian of
550+16 exclusion procedures, in accordance with the Department's
551+17 rules under Part 690 of Title 77 of the Illinois
552+18 Administrative Code, at the time the objection is presented.
553+19 If the physical condition of the child is such that any one
554+20 or more of the immunizing agents should not be administered,
555+21 the examining physician, advanced practice registered nurse,
556+22 or physician assistant responsible for the performance of the
557+23 health examination shall endorse that fact upon the health
558+24 examination form.
559+25 Exempting a child from the health, dental, or eye
560+26 examination does not exempt the child from participation in
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