31 | | - | 27-8.1 as follows: |
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| 31 | + | SB3378 Enrolled - 2 - LRB103 39159 RJT 69305 b |
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| 32 | + | 1 27-8.1 as follows: |
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| 33 | + | 2 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) |
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| 34 | + | 3 Sec. 27-8.1. Health examinations and immunizations. |
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| 35 | + | 4 (1) In compliance with rules and regulations which the |
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| 36 | + | 5 Department of Public Health shall promulgate, and except as |
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| 37 | + | 6 hereinafter provided, all children in Illinois shall have a |
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| 38 | + | 7 health examination as follows: within one year prior to |
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| 39 | + | 8 entering kindergarten or the first grade of any public, |
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| 40 | + | 9 private, or parochial elementary school; upon entering the |
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| 41 | + | 10 sixth and ninth grades of any public, private, or parochial |
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| 42 | + | 11 school; prior to entrance into any public, private, or |
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| 43 | + | 12 parochial nursery school; and, irrespective of grade, |
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| 44 | + | 13 immediately prior to or upon entrance into any public, |
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| 45 | + | 14 private, or parochial school or nursery school, each child |
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| 46 | + | 15 shall present proof of having been examined in accordance with |
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| 47 | + | 16 this Section and the rules and regulations promulgated |
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| 48 | + | 17 hereunder. Any child who received a health examination within |
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| 49 | + | 18 one year prior to entering the fifth grade for the 2007-2008 |
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| 50 | + | 19 school year is not required to receive an additional health |
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| 51 | + | 20 examination in order to comply with the provisions of Public |
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| 52 | + | 21 Act 95-422 when he or she attends school for the 2008-2009 |
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| 53 | + | 22 school year, unless the child is attending school for the |
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| 54 | + | 23 first time as provided in this paragraph. |
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| 55 | + | 24 A tuberculosis skin test screening shall be included as a |
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| 56 | + | 25 required part of each health examination included under this |
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| 57 | + | |
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| 58 | + | |
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| 59 | + | |
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| 60 | + | |
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| 61 | + | |
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| 63 | + | |
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| 64 | + | |
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| 65 | + | SB3378 Enrolled- 3 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 3 - LRB103 39159 RJT 69305 b |
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| 66 | + | SB3378 Enrolled - 3 - LRB103 39159 RJT 69305 b |
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| 67 | + | 1 Section if the child resides in an area designated by the |
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| 68 | + | 2 Department of Public Health as having a high incidence of |
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| 69 | + | 3 tuberculosis. Additional health examinations of pupils, |
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| 70 | + | 4 including eye examinations, may be required when deemed |
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| 71 | + | 5 necessary by school authorities. Parents are encouraged to |
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| 72 | + | 6 have their children undergo eye examinations at the same |
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| 73 | + | 7 points in time required for health examinations. |
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| 74 | + | 8 (1.5) In compliance with rules adopted by the Department |
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| 75 | + | 9 of Public Health and except as otherwise provided in this |
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| 76 | + | 10 Section, all children in kindergarten and the second, sixth, |
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| 77 | + | 11 and ninth grades of any public, private, or parochial school |
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| 78 | + | 12 shall have a dental examination. Each of these children shall |
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| 79 | + | 13 present proof of having been examined by a dentist in |
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| 80 | + | 14 accordance with this Section and rules adopted under this |
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| 81 | + | 15 Section before May 15th of the school year. If a child in the |
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| 82 | + | 16 second, sixth, or ninth grade fails to present proof by May |
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| 83 | + | 17 15th, the school may hold the child's report card until one of |
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| 84 | + | 18 the following occurs: (i) the child presents proof of a |
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| 85 | + | 19 completed dental examination or (ii) the child presents proof |
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| 86 | + | 20 that a dental examination will take place within 60 days after |
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| 87 | + | 21 May 15th. A school may not withhold a child's report card |
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| 88 | + | 22 during a school year in which the Governor has declared a |
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| 89 | + | 23 disaster due to a public health emergency pursuant to Section |
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| 90 | + | 24 7 of the Illinois Emergency Management Agency Act. The |
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| 91 | + | 25 Department of Public Health shall establish, by rule, a waiver |
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| 92 | + | 26 for children who show an undue burden or a lack of access to a |
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| 93 | + | |
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| 94 | + | |
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| 95 | + | |
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| 96 | + | |
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| 97 | + | |
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| 99 | + | |
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| 100 | + | |
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| 101 | + | SB3378 Enrolled- 4 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 4 - LRB103 39159 RJT 69305 b |
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| 102 | + | SB3378 Enrolled - 4 - LRB103 39159 RJT 69305 b |
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| 103 | + | 1 dentist. Each public, private, and parochial school must give |
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| 104 | + | 2 notice of this dental examination requirement to the parents |
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| 105 | + | 3 and guardians of students at least 60 days before May 15th of |
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| 106 | + | 4 each school year. |
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| 107 | + | 5 (1.10) Except as otherwise provided in this Section, all |
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| 108 | + | 6 children enrolling in kindergarten in a public, private, or |
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| 109 | + | 7 parochial school on or after January 1, 2008 (the effective |
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| 110 | + | 8 date of Public Act 95-671) and any student enrolling for the |
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| 111 | + | 9 first time in a public, private, or parochial school on or |
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| 112 | + | 10 after January 1, 2008 (the effective date of Public Act |
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| 113 | + | 11 95-671) shall have an eye examination. Each of these children |
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| 114 | + | 12 shall present proof of having been examined by a physician |
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| 115 | + | 13 licensed to practice medicine in all of its branches or a |
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| 116 | + | 14 licensed optometrist within the previous year, in accordance |
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| 117 | + | 15 with this Section and rules adopted under this Section, before |
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| 118 | + | 16 October 15th of the school year. If the child fails to present |
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| 119 | + | 17 proof by October 15th, the school may hold the child's report |
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| 120 | + | 18 card until one of the following occurs: (i) the child presents |
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| 121 | + | 19 proof of a completed eye examination or (ii) the child |
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| 122 | + | 20 presents proof that an eye examination will take place within |
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| 123 | + | 21 60 days after October 15th. A school may not withhold a child's |
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| 124 | + | 22 report card during a school year in which the Governor has |
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| 125 | + | 23 declared a disaster due to a public health emergency pursuant |
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| 126 | + | 24 to Section 7 of the Illinois Emergency Management Agency Act. |
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| 127 | + | 25 The Department of Public Health shall establish, by rule, a |
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| 128 | + | 26 waiver for children who show an undue burden or a lack of |
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| 129 | + | |
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| 130 | + | |
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| 131 | + | |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | SB3378 Enrolled - 4 - LRB103 39159 RJT 69305 b |
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| 135 | + | |
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| 136 | + | |
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| 137 | + | SB3378 Enrolled- 5 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 5 - LRB103 39159 RJT 69305 b |
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| 138 | + | SB3378 Enrolled - 5 - LRB103 39159 RJT 69305 b |
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| 139 | + | 1 access to a physician licensed to practice medicine in all of |
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| 140 | + | 2 its branches who provides eye examinations or to a licensed |
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| 141 | + | 3 optometrist. Each public, private, and parochial school must |
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| 142 | + | 4 give notice of this eye examination requirement to the parents |
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| 143 | + | 5 and guardians of students in compliance with rules of the |
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| 144 | + | 6 Department of Public Health. Nothing in this Section shall be |
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| 145 | + | 7 construed to allow a school to exclude a child from attending |
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| 146 | + | 8 because of a parent's or guardian's failure to obtain an eye |
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| 147 | + | 9 examination for the child. |
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| 148 | + | 10 (2) The Department of Public Health shall promulgate rules |
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| 149 | + | 11 and regulations specifying the examinations and procedures |
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| 150 | + | 12 that constitute a health examination, which shall include an |
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| 151 | + | 13 age-appropriate developmental screening, an age-appropriate |
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| 152 | + | 14 social and emotional screening, and the collection of data |
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| 153 | + | 15 relating to asthma and obesity (including at a minimum, date |
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| 154 | + | 16 of birth, gender, height, weight, blood pressure, and date of |
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| 155 | + | 17 exam), and a dental examination and may recommend by rule that |
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| 156 | + | 18 certain additional examinations be performed. The rules and |
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| 157 | + | 19 regulations of the Department of Public Health shall specify |
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| 158 | + | 20 that a tuberculosis skin test screening shall be included as a |
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| 159 | + | 21 required part of each health examination included under this |
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| 160 | + | 22 Section if the child resides in an area designated by the |
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| 161 | + | 23 Department of Public Health as having a high incidence of |
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| 162 | + | 24 tuberculosis. With respect to the developmental screening and |
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| 163 | + | 25 the social and emotional screening, the Department of Public |
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| 164 | + | 26 Health must, no later than January 1, 2019, develop rules and |
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| 165 | + | |
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| 166 | + | |
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| 167 | + | |
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| 168 | + | |
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| 169 | + | |
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| 171 | + | |
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| 172 | + | |
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| 174 | + | SB3378 Enrolled - 6 - LRB103 39159 RJT 69305 b |
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| 175 | + | 1 appropriate revisions to the Child Health Examination form in |
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| 176 | + | 2 conjunction with a statewide organization representing school |
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| 177 | + | 3 boards; a statewide organization representing pediatricians; |
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| 178 | + | 4 statewide organizations representing individuals holding |
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| 179 | + | 5 Illinois educator licenses with school support personnel |
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| 180 | + | 6 endorsements, including school social workers, school |
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| 181 | + | 7 psychologists, and school nurses; a statewide organization |
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| 182 | + | 8 representing children's mental health experts; a statewide |
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| 183 | + | 9 organization representing school principals; the Director of |
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| 184 | + | 10 Healthcare and Family Services or his or her designee, the |
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| 185 | + | 11 State Superintendent of Education or his or her designee; and |
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| 186 | + | 12 representatives of other appropriate State agencies and, at a |
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| 187 | + | 13 minimum, must recommend the use of validated screening tools |
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| 188 | + | 14 appropriate to the child's age or grade, and, with regard to |
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| 189 | + | 15 the social and emotional screening, require recording only |
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| 190 | + | 16 whether or not the screening was completed. The rules shall |
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| 191 | + | 17 take into consideration the screening recommendations of the |
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| 192 | + | 18 American Academy of Pediatrics and must be consistent with the |
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| 193 | + | 19 State Board of Education's social and emotional learning |
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| 194 | + | 20 standards. The Department of Public Health shall specify that |
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| 195 | + | 21 a diabetes screening as defined by rule shall be included as a |
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| 196 | + | 22 required part of each health examination. Diabetes testing is |
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| 197 | + | 23 not required. |
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| 198 | + | 24 Physicians licensed to practice medicine in all of its |
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| 199 | + | 25 branches, licensed advanced practice registered nurses, or |
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| 200 | + | 26 licensed physician assistants shall be responsible for the |
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| 201 | + | |
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| 202 | + | |
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| 203 | + | |
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| 204 | + | |
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| 205 | + | |
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| 210 | + | SB3378 Enrolled - 7 - LRB103 39159 RJT 69305 b |
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| 211 | + | 1 performance of the health examinations, other than dental |
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| 212 | + | 2 examinations, eye examinations, and vision and hearing |
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| 213 | + | 3 screening, and shall sign all report forms required by |
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| 214 | + | 4 subsection (4) of this Section that pertain to those portions |
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| 215 | + | 5 of the health examination for which the physician, advanced |
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| 216 | + | 6 practice registered nurse, or physician assistant is |
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| 217 | + | 7 responsible. If a registered nurse performs any part of a |
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| 218 | + | 8 health examination, then a physician licensed to practice |
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| 219 | + | 9 medicine in all of its branches must review and sign all |
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| 220 | + | 10 required report forms. Licensed dentists shall perform all |
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| 221 | + | 11 dental examinations and shall sign all report forms required |
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| 222 | + | 12 by subsection (4) of this Section that pertain to the dental |
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| 223 | + | 13 examinations. Physicians licensed to practice medicine in all |
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| 224 | + | 14 its branches or licensed optometrists shall perform all eye |
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| 225 | + | 15 examinations required by this Section and shall sign all |
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| 226 | + | 16 report forms required by subsection (4) of this Section that |
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| 227 | + | 17 pertain to the eye examination. For purposes of this Section, |
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| 228 | + | 18 an eye examination shall at a minimum include history, visual |
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| 229 | + | 19 acuity, subjective refraction to best visual acuity near and |
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| 230 | + | 20 far, internal and external examination, and a glaucoma |
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| 231 | + | 21 evaluation, as well as any other tests or observations that in |
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| 232 | + | 22 the professional judgment of the doctor are necessary. Vision |
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| 233 | + | 23 and hearing screening tests, which shall not be considered |
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| 234 | + | 24 examinations as that term is used in this Section, shall be |
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| 235 | + | 25 conducted in accordance with rules and regulations of the |
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| 236 | + | 26 Department of Public Health, and by individuals whom the |
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| 237 | + | |
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| 238 | + | |
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| 239 | + | |
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| 240 | + | |
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| 241 | + | |
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| 246 | + | SB3378 Enrolled - 8 - LRB103 39159 RJT 69305 b |
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| 247 | + | 1 Department of Public Health has certified. In these rules and |
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| 248 | + | 2 regulations, the Department of Public Health shall require |
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| 249 | + | 3 that individuals conducting vision screening tests give a |
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| 250 | + | 4 child's parent or guardian written notification, before the |
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| 251 | + | 5 vision screening is conducted, that states, "Vision screening |
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| 252 | + | 6 is not a substitute for a complete eye and vision evaluation by |
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| 253 | + | 7 an eye doctor. Your child is not required to undergo this |
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| 254 | + | 8 vision screening if an optometrist or ophthalmologist has |
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| 255 | + | 9 completed and signed a report form indicating that an |
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| 256 | + | 10 examination has been administered within the previous 12 |
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| 257 | + | 11 months.". |
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| 258 | + | 12 (2.5) With respect to the developmental screening and the |
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| 259 | + | 13 social and emotional screening portion of the health |
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| 260 | + | 14 examination, each child may present proof of having been |
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| 261 | + | 15 screened in accordance with this Section and the rules adopted |
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| 262 | + | 16 under this Section before October 15th of the school year. |
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| 263 | + | 17 With regard to the social and emotional screening only, the |
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| 264 | + | 18 examining health care provider shall only record whether or |
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| 265 | + | 19 not the screening was completed. If the child fails to present |
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| 266 | + | 20 proof of the developmental screening or the social and |
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| 267 | + | 21 emotional screening portions of the health examination by |
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| 268 | + | 22 October 15th of the school year, qualified school support |
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| 269 | + | 23 personnel may, with a parent's or guardian's consent, offer |
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| 270 | + | 24 the developmental screening or the social and emotional |
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| 271 | + | 25 screening to the child. Each public, private, and parochial |
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| 272 | + | 26 school must give notice of the developmental screening and |
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| 273 | + | |
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| 274 | + | |
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| 275 | + | |
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| 276 | + | |
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| 277 | + | |
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| 281 | + | SB3378 Enrolled- 9 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 9 - LRB103 39159 RJT 69305 b |
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| 282 | + | SB3378 Enrolled - 9 - LRB103 39159 RJT 69305 b |
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| 283 | + | 1 social and emotional screening requirements to the parents and |
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| 284 | + | 2 guardians of students in compliance with the rules of the |
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| 285 | + | 3 Department of Public Health. Nothing in this Section shall be |
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| 286 | + | 4 construed to allow a school to exclude a child from attending |
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| 287 | + | 5 because of a parent's or guardian's failure to obtain a |
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| 288 | + | 6 developmental screening or a social and emotional screening |
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| 289 | + | 7 for the child. Once a developmental screening or a social and |
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| 290 | + | 8 emotional screening is completed and proof has been presented |
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| 291 | + | 9 to the school, the school may, with a parent's or guardian's |
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| 292 | + | 10 consent, make available appropriate school personnel to work |
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| 293 | + | 11 with the parent or guardian, the child, and the provider who |
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| 294 | + | 12 signed the screening form to obtain any appropriate |
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| 295 | + | 13 evaluations and services as indicated on the form and in other |
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| 296 | + | 14 information and documentation provided by the parents, |
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| 297 | + | 15 guardians, or provider. |
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| 298 | + | 16 (3) Every child shall, at or about the same time as he or |
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| 299 | + | 17 she receives a health examination required by subsection (1) |
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| 300 | + | 18 of this Section, present to the local school proof of having |
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| 301 | + | 19 received such immunizations against preventable communicable |
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| 302 | + | 20 diseases as the Department of Public Health shall require by |
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| 303 | + | 21 rules and regulations promulgated pursuant to this Section and |
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| 304 | + | 22 the Communicable Disease Prevention Act. |
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| 305 | + | 23 (4) The individuals conducting the health examination, |
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| 306 | + | 24 dental examination, or eye examination shall record the fact |
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| 307 | + | 25 of having conducted the examination, and such additional |
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| 308 | + | 26 information as required, including for a health examination |
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| 309 | + | |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | SB3378 Enrolled - 9 - LRB103 39159 RJT 69305 b |
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| 316 | + | |
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| 317 | + | SB3378 Enrolled- 10 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 10 - LRB103 39159 RJT 69305 b |
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| 318 | + | SB3378 Enrolled - 10 - LRB103 39159 RJT 69305 b |
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| 319 | + | 1 data relating to asthma and obesity (including at a minimum, |
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| 320 | + | 2 date of birth, gender, height, weight, blood pressure, and |
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| 321 | + | 3 date of exam), on uniform forms which the Department of Public |
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| 322 | + | 4 Health and the State Board of Education shall prescribe for |
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| 323 | + | 5 statewide use. The examiner shall summarize on the report form |
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| 324 | + | 6 any condition that he or she suspects indicates a need for |
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| 325 | + | 7 special services, including for a health examination factors |
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| 326 | + | 8 relating to asthma or obesity. The duty to summarize on the |
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| 327 | + | 9 report form does not apply to social and emotional screenings. |
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| 328 | + | 10 The confidentiality of the information and records relating to |
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| 329 | + | 11 the developmental screening and the social and emotional |
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| 330 | + | 12 screening shall be determined by the statutes, rules, and |
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| 331 | + | 13 professional ethics governing the type of provider conducting |
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| 332 | + | 14 the screening. The individuals confirming the administration |
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| 333 | + | 15 of required immunizations shall record as indicated on the |
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| 334 | + | 16 form that the immunizations were administered. |
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| 335 | + | 17 (5) If a child does not submit proof of having had either |
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| 336 | + | 18 the health examination or the immunization as required, then |
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| 337 | + | 19 the child shall be examined or receive the immunization, as |
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| 338 | + | 20 the case may be, and present proof by October 15 of the current |
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| 339 | + | 21 school year, or by an earlier date of the current school year |
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| 340 | + | 22 established by a school district. To establish a date before |
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| 341 | + | 23 October 15 of the current school year for the health |
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| 342 | + | 24 examination or immunization as required, a school district |
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| 343 | + | 25 must give notice of the requirements of this Section 60 days |
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| 344 | + | 26 prior to the earlier established date. If for medical reasons |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | |
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| 349 | + | |
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| 352 | + | |
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| 353 | + | SB3378 Enrolled- 11 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 11 - LRB103 39159 RJT 69305 b |
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| 354 | + | SB3378 Enrolled - 11 - LRB103 39159 RJT 69305 b |
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| 355 | + | 1 one or more of the required immunizations must be given after |
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| 356 | + | 2 October 15 of the current school year, or after an earlier |
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| 357 | + | 3 established date of the current school year, then the child |
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| 358 | + | 4 shall present, by October 15, or by the earlier established |
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| 359 | + | 5 date, a schedule for the administration of the immunizations |
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| 360 | + | 6 and a statement of the medical reasons causing the delay, both |
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| 361 | + | 7 the schedule and the statement being issued by the physician, |
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| 362 | + | 8 advanced practice registered nurse, physician assistant, |
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| 363 | + | 9 registered nurse, or local health department that will be |
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| 364 | + | 10 responsible for administration of the remaining required |
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| 365 | + | 11 immunizations. If a child does not comply by October 15, or by |
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| 366 | + | 12 the earlier established date of the current school year, with |
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| 367 | + | 13 the requirements of this subsection, then the local school |
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| 368 | + | 14 authority shall exclude that child from school until such time |
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| 369 | + | 15 as the child presents proof of having had the health |
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| 370 | + | 16 examination as required and presents proof of having received |
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| 371 | + | 17 those required immunizations which are medically possible to |
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| 372 | + | 18 receive immediately. During a child's exclusion from school |
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| 373 | + | 19 for noncompliance with this subsection, the child's parents or |
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| 374 | + | 20 legal guardian shall be considered in violation of Section |
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| 375 | + | 21 26-1 and subject to any penalty imposed by Section 26-10. This |
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| 376 | + | 22 subsection (5) does not apply to dental examinations, eye |
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| 377 | + | 23 examinations, and the developmental screening and the social |
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| 378 | + | 24 and emotional screening portions of the health examination. If |
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| 379 | + | 25 the student is an out-of-state transfer student and does not |
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| 380 | + | 26 have the proof required under this subsection (5) before |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | |
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| 385 | + | |
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| 386 | + | SB3378 Enrolled - 11 - LRB103 39159 RJT 69305 b |
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| 387 | + | |
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| 388 | + | |
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| 389 | + | SB3378 Enrolled- 12 -LRB103 39159 RJT 69305 b SB3378 Enrolled - 12 - LRB103 39159 RJT 69305 b |
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| 390 | + | SB3378 Enrolled - 12 - LRB103 39159 RJT 69305 b |
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| 391 | + | 1 October 15 of the current year or whatever date is set by the |
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| 392 | + | 2 school district, then he or she may only attend classes (i) if |
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| 393 | + | 3 he or she has proof that an appointment for the required |
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| 394 | + | 4 vaccinations has been scheduled with a party authorized to |
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| 395 | + | 5 submit proof of the required vaccinations. If the proof of |
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| 396 | + | 6 vaccination required under this subsection (5) is not |
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| 397 | + | 7 submitted within 30 days after the student is permitted to |
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| 398 | + | 8 attend classes, then the student is not to be permitted to |
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| 399 | + | 9 attend classes until proof of the vaccinations has been |
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| 400 | + | 10 properly submitted. No school district or employee of a school |
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| 401 | + | 11 district shall be held liable for any injury or illness to |
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| 402 | + | 12 another person that results from admitting an out-of-state |
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| 403 | + | 13 transfer student to class that has an appointment scheduled |
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| 404 | + | 14 pursuant to this subsection (5). |
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| 405 | + | 15 (6) Every school shall report to the State Board of |
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| 406 | + | 16 Education by November 15, in the manner which that agency |
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| 407 | + | 17 shall require, the number of children who have received the |
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| 408 | + | 18 necessary immunizations and the health examination (other than |
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| 409 | + | 19 a dental examination or eye examination) as required, |
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| 410 | + | 20 indicating, of those who have not received the immunizations |
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| 411 | + | 21 and examination as required, the number of children who are |
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| 412 | + | 22 exempt from health examination and immunization requirements |
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| 413 | + | 23 on religious or medical grounds as provided in subsection (8). |
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| 414 | + | 24 On or before December 1 of each year, every public school |
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| 415 | + | 25 district and registered nonpublic school shall make publicly |
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| 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 |
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| 428 | + | 2 data made publicly available must be identical to the data the |
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| 429 | + | 3 school district or school has reported to the State Board of |
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| 430 | + | 4 Education. |
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| 431 | + | 5 Every school shall report to the State Board of Education |
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| 432 | + | 6 by June 30, in the manner that the State Board requires, the |
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| 433 | + | 7 number of children who have received the required dental |
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| 434 | + | 8 examination, indicating, of those who have not received the |
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| 435 | + | 9 required dental examination, the number of children who are |
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| 436 | + | 10 exempt from the dental examination on religious grounds as |
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| 437 | + | 11 provided in subsection (8) of this Section and the number of |
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| 438 | + | 12 children who have received a waiver under subsection (1.5) of |
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| 439 | + | 13 this Section. |
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| 440 | + | 14 Every school shall report to the State Board of Education |
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| 441 | + | 15 by June 30, in the manner that the State Board requires, the |
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| 442 | + | 16 number of children who have received the required eye |
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| 443 | + | 17 examination, indicating, of those who have not received the |
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| 444 | + | 18 required eye examination, the number of children who are |
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| 445 | + | 19 exempt from the eye examination as provided in subsection (8) |
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| 446 | + | 20 of this Section, the number of children who have received a |
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| 447 | + | 21 waiver under subsection (1.10) of this Section, and the total |
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| 448 | + | 22 number of children in noncompliance with the eye examination |
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| 449 | + | 23 requirement. |
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| 450 | + | 24 The reported information under this subsection (6) shall |
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| 451 | + | 25 be provided to the Department of Public Health by the State |
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| 452 | + | 26 Board of Education. |
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| 463 | + | 1 (7) Upon determining that the number of pupils who are |
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| 464 | + | 2 required to be in compliance with subsection (5) of this |
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| 465 | + | 3 Section is below 90% of the number of pupils enrolled in the |
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| 466 | + | 4 school district, 10% of each State aid payment made pursuant |
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| 467 | + | 5 to Section 18-8.05 or 18-8.15 to the school district for such |
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| 468 | + | 6 year may be withheld by the State Board of Education until the |
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| 469 | + | 7 number of students in compliance with subsection (5) is the |
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| 470 | + | 8 applicable specified percentage or higher. |
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| 471 | + | 9 (8) Children of parents or legal guardians who object to |
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| 472 | + | 10 health, dental, or eye examinations or any part thereof, to |
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| 473 | + | 11 immunizations, or to vision and hearing screening tests on |
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| 474 | + | 12 religious grounds shall not be required to undergo the |
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| 475 | + | 13 examinations, tests, or immunizations to which they so object |
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| 476 | + | 14 if such parents or legal guardians present to the appropriate |
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| 477 | + | 15 local school authority a signed Certificate of Religious |
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| 478 | + | 16 Exemption detailing the grounds for objection and the specific |
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| 479 | + | 17 immunizations, tests, or examinations to which they object. |
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| 480 | + | 18 The grounds for objection must set forth the specific |
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| 481 | + | 19 religious belief that conflicts with the examination, test, |
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| 482 | + | 20 immunization, or other medical intervention. The signed |
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| 483 | + | 21 certificate shall also reflect the parent's or legal |
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| 484 | + | 22 guardian's understanding of the school's exclusion policies in |
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| 485 | + | 23 the case of a vaccine-preventable disease outbreak or |
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| 486 | + | 24 exposure. The certificate must also be signed by the |
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| 487 | + | 25 authorized examining health care provider responsible for the |
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| 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 |
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| 500 | + | 2 guardian on the benefits of immunization and the health risks |
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| 501 | + | 3 to the student and to the community of the communicable |
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| 502 | + | 4 diseases for which immunization is required in this State. |
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| 503 | + | 5 However, the health care provider's signature on the |
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| 504 | + | 6 certificate reflects only that education was provided and does |
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| 505 | + | 7 not allow a health care provider grounds to determine a |
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| 506 | + | 8 religious exemption. Those receiving immunizations required |
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| 507 | + | 9 under this Code shall be provided with the relevant vaccine |
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| 508 | + | 10 information statements that are required to be disseminated by |
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| 509 | + | 11 the federal National Childhood Vaccine Injury Act of 1986, |
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| 510 | + | 12 which may contain information on circumstances when a vaccine |
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| 511 | + | 13 should not be administered, prior to administering a vaccine. |
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| 512 | + | 14 A healthcare provider may consider including without |
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| 513 | + | 15 limitation the nationally accepted recommendations from |
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| 514 | + | 16 federal agencies such as the Advisory Committee on |
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| 515 | + | 17 Immunization Practices, the information outlined in the |
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| 516 | + | 18 relevant vaccine information statement, and vaccine package |
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| 517 | + | 19 inserts, along with the healthcare provider's clinical |
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| 518 | + | 20 judgment, to determine whether any child may be more |
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| 519 | + | 21 susceptible to experiencing an adverse vaccine reaction than |
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| 520 | + | 22 the general population, and, if so, the healthcare provider |
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| 521 | + | 23 may exempt the child from an immunization or adopt an |
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| 522 | + | 24 individualized immunization schedule. The Certificate of |
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| 523 | + | 25 Religious Exemption shall be created by the Department of |
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| 524 | + | 26 Public Health and shall be made available and used by parents |
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| 525 | + | |
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| 535 | + | 1 and legal guardians by the beginning of the 2015-2016 school |
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| 536 | + | 2 year. Parents or legal guardians must submit the Certificate |
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| 537 | + | 3 of Religious Exemption to their local school authority prior |
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| 538 | + | 4 to entering kindergarten, sixth grade, and ninth grade for |
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| 539 | + | 5 each child for which they are requesting an exemption. The |
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| 540 | + | 6 religious objection stated need not be directed by the tenets |
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| 541 | + | 7 of an established religious organization. However, general |
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| 542 | + | 8 philosophical or moral reluctance to allow physical |
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| 543 | + | 9 examinations, eye examinations, immunizations, vision and |
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| 544 | + | 10 hearing screenings, or dental examinations does not provide a |
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| 545 | + | 11 sufficient basis for an exception to statutory requirements. |
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| 546 | + | 12 The local school authority is responsible for determining if |
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| 547 | + | 13 the content of the Certificate of Religious Exemption |
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| 548 | + | 14 constitutes a valid religious objection. The local school |
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| 549 | + | 15 authority shall inform the parent or legal guardian of |
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| 550 | + | 16 exclusion procedures, in accordance with the Department's |
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| 551 | + | 17 rules under Part 690 of Title 77 of the Illinois |
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| 552 | + | 18 Administrative Code, at the time the objection is presented. |
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| 553 | + | 19 If the physical condition of the child is such that any one |
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| 554 | + | 20 or more of the immunizing agents should not be administered, |
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| 555 | + | 21 the examining physician, advanced practice registered nurse, |
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| 556 | + | 22 or physician assistant responsible for the performance of the |
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| 557 | + | 23 health examination shall endorse that fact upon the health |
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| 558 | + | 24 examination form. |
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| 559 | + | 25 Exempting a child from the health, dental, or eye |
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| 560 | + | 26 examination does not exempt the child from participation in |
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| 561 | + | |
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