Illinois 2025-2026 Regular Session

Illinois House Bill HB3033 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3033 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-80105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 Amends the School Code. In a provision regarding student athletes and concussions and head injuries, further defines "physician" to include a chiropractic physician as defined in the Medical Practice Act of 1987. In a provision regarding health examinations and immunizations, allows a chiropractic physician licensed under the Medical Practice Act of 1987 to be responsible for the performance of an athletic physical examination and requires the chiropractic physician to sign all report forms required for the athletic physical examination. Makes conforming changes. LRB104 09562 LNS 19625 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3033 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-80105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/22-80 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 Amends the School Code. In a provision regarding student athletes and concussions and head injuries, further defines "physician" to include a chiropractic physician as defined in the Medical Practice Act of 1987. In a provision regarding health examinations and immunizations, allows a chiropractic physician licensed under the Medical Practice Act of 1987 to be responsible for the performance of an athletic physical examination and requires the chiropractic physician to sign all report forms required for the athletic physical examination. Makes conforming changes. LRB104 09562 LNS 19625 b LRB104 09562 LNS 19625 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3033 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/22-80105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/22-80 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
4	4	105 ILCS 5/22-80
5	5	105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
6	6	Amends the School Code. In a provision regarding student athletes and concussions and head injuries, further defines "physician" to include a chiropractic physician as defined in the Medical Practice Act of 1987. In a provision regarding health examinations and immunizations, allows a chiropractic physician licensed under the Medical Practice Act of 1987 to be responsible for the performance of an athletic physical examination and requires the chiropractic physician to sign all report forms required for the athletic physical examination. Makes conforming changes.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning education.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The School Code is amended by changing Sections
16	16	5 22-80 and 27-8.1 as follows:
17	17	6 (105 ILCS 5/22-80)
18	18	7 Sec. 22-80. Student athletes; concussions and head
19	19	8 injuries.
20	20	9 (a) The General Assembly recognizes all of the following:
21	21	10 (1) Concussions are one of the most commonly reported
22	22	11 injuries in children and adolescents who participate in
23	23	12 sports and recreational activities. The Centers for
24	24	13 Disease Control and Prevention estimates that as many as
25	25	14 3,900,000 sports-related and recreation-related
26	26	15 concussions occur in the United States each year. A
27	27	16 concussion is caused by a blow or motion to the head or
28	28	17 body that causes the brain to move rapidly inside the
29	29	18 skull. The risk of catastrophic injuries or death is
30	30	19 significant when a concussion or head injury is not
31	31	20 properly evaluated and managed.
32	32	21 (2) Concussions are a type of brain injury that can
33	33	22 range from mild to severe and can disrupt the way the brain
34	34	23 normally works. Concussions can occur in any organized or
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3033 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
39	39	105 ILCS 5/22-80105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1 105 ILCS 5/22-80 105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
40	40	105 ILCS 5/22-80
41	41	105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
42	42	Amends the School Code. In a provision regarding student athletes and concussions and head injuries, further defines "physician" to include a chiropractic physician as defined in the Medical Practice Act of 1987. In a provision regarding health examinations and immunizations, allows a chiropractic physician licensed under the Medical Practice Act of 1987 to be responsible for the performance of an athletic physical examination and requires the chiropractic physician to sign all report forms required for the athletic physical examination. Makes conforming changes.
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52	52	105 ILCS 5/27-8.1 from Ch. 122, par. 27-8.1
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71	71	1 unorganized sport or recreational activity and can result
72	72	2 from a fall or from players colliding with each other, the
73	73	3 ground, or with obstacles. Concussions occur with or
74	74	4 without loss of consciousness, but the vast majority of
75	75	5 concussions occur without loss of consciousness.
76	76	6 (3) Continuing to play with a concussion or symptoms
77	77	7 of a head injury leaves a young athlete especially
78	78	8 vulnerable to greater injury and even death. The General
79	79	9 Assembly recognizes that, despite having generally
80	80	10 recognized return-to-play standards for concussions and
81	81	11 head injuries, some affected youth athletes are
82	82	12 prematurely returned to play, resulting in actual or
83	83	13 potential physical injury or death to youth athletes in
84	84	14 this State.
85	85	15 (4) Student athletes who have sustained a concussion
86	86	16 may need informal or formal accommodations, modifications
87	87	17 of curriculum, and monitoring by medical or academic staff
88	88	18 until the student is fully recovered. To that end, all
89	89	19 schools are encouraged to establish a return-to-learn
90	90	20 protocol that is based on peer-reviewed scientific
91	91	21 evidence consistent with Centers for Disease Control and
92	92	22 Prevention guidelines and conduct baseline testing for
93	93	23 student athletes.
94	94	24 (b) In this Section:
95	95	25 "Athletic trainer" means an athletic trainer licensed
96	96	26 under the Illinois Athletic Trainers Practice Act who is
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107	107	1 working under the supervision of a physician.
108	108	2 "Coach" means any volunteer or employee of a school who is
109	109	3 responsible for organizing and supervising students to teach
110	110	4 them or train them in the fundamental skills of an
111	111	5 interscholastic athletic activity. "Coach" refers to both head
112	112	6 coaches and assistant coaches.
113	113	7 "Concussion" means a complex pathophysiological process
114	114	8 affecting the brain caused by a traumatic physical force or
115	115	9 impact to the head or body, which may include temporary or
116	116	10 prolonged altered brain function resulting in physical,
117	117	11 cognitive, or emotional symptoms or altered sleep patterns and
118	118	12 which may or may not involve a loss of consciousness.
119	119	13 "Department" means the Department of Financial and
120	120	14 Professional Regulation.
121	121	15 "Game official" means a person who officiates at an
122	122	16 interscholastic athletic activity, such as a referee or
123	123	17 umpire, including, but not limited to, persons enrolled as
124	124	18 game officials by the Illinois High School Association or
125	125	19 Illinois Elementary School Association.
126	126	20 "Interscholastic athletic activity" means any organized
127	127	21 school-sponsored or school-sanctioned activity for students,
128	128	22 generally outside of school instructional hours, under the
129	129	23 direction of a coach, athletic director, or band leader,
130	130	24 including, but not limited to, baseball, basketball,
131	131	25 cheerleading, cross country track, fencing, field hockey,
132	132	26 football, golf, gymnastics, ice hockey, lacrosse, marching
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143	143	1 band, rugby, soccer, skating, softball, swimming and diving,
144	144	2 tennis, track (indoor and outdoor), ultimate Frisbee,
145	145	3 volleyball, water polo, and wrestling. All interscholastic
146	146	4 athletics are deemed to be interscholastic activities.
147	147	5 "Licensed health care healthcare professional" means a
148	148	6 person who has experience with concussion management and who
149	149	7 is a nurse, a psychologist who holds a license under the
150	150	8 Clinical Psychologist Licensing Act and specializes in the
151	151	9 practice of neuropsychology, a physical therapist licensed
152	152	10 under the Illinois Physical Therapy Act, an occupational
153	153	11 therapist licensed under the Illinois Occupational Therapy
154	154	12 Practice Act, a physician assistant, or an athletic trainer.
155	155	13 "Nurse" means a person who is employed by or volunteers at
156	156	14 a school and is licensed under the Nurse Practice Act as a
157	157	15 registered nurse, practical nurse, or advanced practice
158	158	16 registered nurse.
159	159	17 "Physician" means a physician licensed to practice
160	160	18 medicine in all of its branches under the Medical Practice Act
161	161	19 of 1987 or a chiropractic physician as defined in the Medical
162	162	20 Practice Act of 1987.
163	163	21 "Physician assistant" means a physician assistant licensed
164	164	22 under the Physician Assistant Practice Act of 1987.
165	165	23 "School" means any public or private elementary or
166	166	24 secondary school, including a charter school.
167	167	25 "Student" means an adolescent or child enrolled in a
168	168	26 school.
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179	179	1 (c) This Section applies to any interscholastic athletic
180	180	2 activity, including practice and competition, sponsored or
181	181	3 sanctioned by a school, the Illinois Elementary School
182	182	4 Association, or the Illinois High School Association. This
183	183	5 Section applies beginning with the 2016-2017 school year.
184	184	6 (d) The governing body of each public or charter school
185	185	7 and the appropriate administrative officer of a private school
186	186	8 with students enrolled who participate in an interscholastic
187	187	9 athletic activity shall appoint or approve a concussion
188	188	10 oversight team. Each concussion oversight team shall establish
189	189	11 a return-to-play protocol, based on peer-reviewed scientific
190	190	12 evidence consistent with Centers for Disease Control and
191	191	13 Prevention guidelines, for a student's return to
192	192	14 interscholastic athletics practice or competition following a
193	193	15 force or impact believed to have caused a concussion. Each
194	194	16 concussion oversight team shall also establish a
195	195	17 return-to-learn protocol, based on peer-reviewed scientific
196	196	18 evidence consistent with Centers for Disease Control and
197	197	19 Prevention guidelines, for a student's return to the classroom
198	198	20 after that student is believed to have experienced a
199	199	21 concussion, whether or not the concussion took place while the
200	200	22 student was participating in an interscholastic athletic
201	201	23 activity.
202	202	24 Each concussion oversight team must include to the extent
203	203	25 practicable at least one physician. If a school employs an
204	204	26 athletic trainer, the athletic trainer must be a member of the
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215	215	1 school concussion oversight team to the extent practicable. If
216	216	2 a school employs a nurse, the nurse must be a member of the
217	217	3 school concussion oversight team to the extent practicable. At
218	218	4 a minimum, a school shall appoint a person who is responsible
219	219	5 for implementing and complying with the return-to-play and
220	220	6 return-to-learn protocols adopted by the concussion oversight
221	221	7 team. At a minimum, a concussion oversight team may be
222	222	8 composed of only one person and this person need not be a
223	223	9 licensed health care healthcare professional, but it may not
224	224	10 be a coach. A school may appoint other licensed health care
225	225	11 healthcare professionals to serve on the concussion oversight
226	226	12 team.
227	227	13 (e) A student may not participate in an interscholastic
228	228	14 athletic activity for a school year until the student and the
229	229	15 student's parent or guardian or another person with legal
230	230	16 authority to make medical decisions for the student have
231	231	17 signed a form for that school year that acknowledges receiving
232	232	18 and reading written information that explains concussion
233	233	19 prevention, symptoms, treatment, and oversight and that
234	234	20 includes guidelines for safely resuming participation in an
235	235	21 athletic activity following a concussion. The form must be
236	236	22 approved by the Illinois High School Association.
237	237	23 (f) A student must be removed from an interscholastic
238	238	24 athletics practice or competition immediately if one of the
239	239	25 following persons believes the student might have sustained a
240	240	26 concussion during the practice or competition:
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251	251	1 (1) a coach;
252	252	2 (2) a physician;
253	253	3 (3) a game official;
254	254	4 (4) an athletic trainer;
255	255	5 (5) the student's parent or guardian or another person
256	256	6 with legal authority to make medical decisions for the
257	257	7 student;
258	258	8 (6) the student; or
259	259	9 (7) any other person deemed appropriate under the
260	260	10 school's return-to-play protocol.
261	261	11 (g) A student removed from an interscholastic athletics
262	262	12 practice or competition under this Section may not be
263	263	13 permitted to practice or compete again following the force or
264	264	14 impact believed to have caused the concussion until:
265	265	15 (1) the student has been evaluated, using established
266	266	16 medical protocols based on peer-reviewed scientific
267	267	17 evidence consistent with Centers for Disease Control and
268	268	18 Prevention guidelines, by a treating physician (chosen by
269	269	19 the student or the student's parent or guardian or another
270	270	20 person with legal authority to make medical decisions for
271	271	21 the student), an athletic trainer, an advanced practice
272	272	22 registered nurse, or a physician assistant;
273	273	23 (2) the student has successfully completed each
274	274	24 requirement of the return-to-play protocol established
275	275	25 under this Section necessary for the student to return to
276	276	26 play;
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287	287	1 (3) the student has successfully completed each
288	288	2 requirement of the return-to-learn protocol established
289	289	3 under this Section necessary for the student to return to
290	290	4 learn;
291	291	5 (4) the treating physician, the athletic trainer, or
292	292	6 the physician assistant has provided a written statement
293	293	7 indicating that, in the physician's professional judgment,
294	294	8 it is safe for the student to return to play and return to
295	295	9 learn or the treating advanced practice registered nurse
296	296	10 has provided a written statement indicating that it is
297	297	11 safe for the student to return to play and return to learn;
298	298	12 and
299	299	13 (5) the student and the student's parent or guardian
300	300	14 or another person with legal authority to make medical
301	301	15 decisions for the student:
302	302	16 (A) have acknowledged that the student has
303	303	17 completed the requirements of the return-to-play and
304	304	18 return-to-learn protocols necessary for the student to
305	305	19 return to play;
306	306	20 (B) have provided the treating physician's,
307	307	21 athletic trainer's, advanced practice registered
308	308	22 nurse's, or physician assistant's written statement
309	309	23 under paragraph subdivision (4) of this subsection (g)
310	310	24 to the person responsible for compliance with the
311	311	25 return-to-play and return-to-learn protocols under
312	312	26 this subsection (g) and the person who has supervisory
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323	323	1 responsibilities under this subsection (g); and
324	324	2 (C) have signed a consent form indicating that the
325	325	3 person signing:
326	326	4 (i) has been informed concerning and consents
327	327	5 to the student participating in returning to play
328	328	6 in accordance with the return-to-play and
329	329	7 return-to-learn protocols;
330	330	8 (ii) understands the risks associated with the
331	331	9 student returning to play and returning to learn
332	332	10 and will comply with any ongoing requirements in
333	333	11 the return-to-play and return-to-learn protocols;
334	334	12 and
335	335	13 (iii) consents to the disclosure to
336	336	14 appropriate persons, consistent with the federal
337	337	15 Health Insurance Portability and Accountability
338	338	16 Act of 1996 (Public Law 104-191), of the treating
339	339	17 physician's, athletic trainer's, physician
340	340	18 assistant's, or advanced practice registered
341	341	19 nurse's written statement under paragraph
342	342	20 subdivision (4) of this subsection (g) and, if
343	343	21 any, the return-to-play and return-to-learn
344	344	22 recommendations of the treating physician, the
345	345	23 athletic trainer, the physician assistant, or the
346	346	24 advanced practice registered nurse, as the case
347	347	25 may be.
348	348	26 A coach of an interscholastic athletics team may not
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359	359	1 authorize a student's return to play or return to learn.
360	360	2 The district superintendent or the superintendent's
361	361	3 designee in the case of a public elementary or secondary
362	362	4 school, the chief school administrator or that person's
363	363	5 designee in the case of a charter school, or the appropriate
364	364	6 administrative officer or that person's designee in the case
365	365	7 of a private school shall supervise an athletic trainer or
366	366	8 other person responsible for compliance with the
367	367	9 return-to-play protocol and shall supervise the person
368	368	10 responsible for compliance with the return-to-learn protocol.
369	369	11 The person who has supervisory responsibilities under this
370	370	12 paragraph may not be a coach of an interscholastic athletics
371	371	13 team.
372	372	14 (h)(1) The Illinois High School Association shall approve,
373	373	15 for coaches, game officials, and non-licensed health care
374	374	16 healthcare professionals, training courses that provide for
375	375	17 not less than 2 hours of training in the subject matter of
376	376	18 concussions, including evaluation, prevention, symptoms,
377	377	19 risks, and long-term effects. The Association shall maintain
378	378	20 an updated list of individuals and organizations authorized by
379	379	21 the Association to provide the training.
380	380	22 (2) The following persons must take a training course in
381	381	23 accordance with paragraph (4) of this subsection (h) from an
382	382	24 authorized training provider at least once every 2 years:
383	383	25 (A) a coach of an interscholastic athletic activity;
384	384	26 (B) a nurse, licensed health care healthcare
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395	395	1 professional, or non-licensed health care healthcare
396	396	2 professional who serves as a member of a concussion
397	397	3 oversight team either on a volunteer basis or in his or her
398	398	4 capacity as an employee, representative, or agent of a
399	399	5 school; and
400	400	6 (C) a game official of an interscholastic athletic
401	401	7 activity.
402	402	8 (3) A physician who serves as a member of a concussion
403	403	9 oversight team shall, to the greatest extent practicable,
404	404	10 periodically take an appropriate continuing medical education
405	405	11 course in the subject matter of concussions.
406	406	12 (4) For purposes of paragraph (2) of this subsection (h):
407	407	13 (A) a coach, game official, or non-licensed health
408	408	14 care healthcare professional, as the case may be, must
409	409	15 take a course described in paragraph (1) of this
410	410	16 subsection (h);
411	411	17 (B) an athletic trainer must take a concussion-related
412	412	18 continuing education course from an athletic trainer
413	413	19 continuing education sponsor approved by the Department;
414	414	20 (C) a nurse must take a concussion-related continuing
415	415	21 education course from a nurse continuing education sponsor
416	416	22 approved by the Department;
417	417	23 (D) a physical therapist must take a
418	418	24 concussion-related continuing education course from a
419	419	25 physical therapist continuing education sponsor approved
420	420	26 by the Department;
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431	431	1 (E) a psychologist must take a concussion-related
432	432	2 continuing education course from a psychologist continuing
433	433	3 education sponsor approved by the Department;
434	434	4 (F) an occupational therapist must take a
435	435	5 concussion-related continuing education course from an
436	436	6 occupational therapist continuing education sponsor
437	437	7 approved by the Department; and
438	438	8 (G) a physician assistant must take a
439	439	9 concussion-related continuing education course from a
440	440	10 physician assistant continuing education sponsor approved
441	441	11 by the Department.
442	442	12 (5) Each person described in paragraph (2) of this
443	443	13 subsection (h) must submit proof of timely completion of an
444	444	14 approved course in compliance with paragraph (4) of this
445	445	15 subsection (h) to the district superintendent or the
446	446	16 superintendent's designee in the case of a public elementary
447	447	17 or secondary school, the chief school administrator or that
448	448	18 person's designee in the case of a charter school, or the
449	449	19 appropriate administrative officer or that person's designee
450	450	20 in the case of a private school.
451	451	21 (6) A physician, licensed health care healthcare
452	452	22 professional, or non-licensed health care healthcare
453	453	23 professional who is not in compliance with the training
454	454	24 requirements under this subsection (h) may not serve on a
455	455	25 concussion oversight team in any capacity.
456	456	26 (7) A person required under this subsection (h) to take a
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467	467	1 training course in the subject of concussions must complete
468	468	2 the training prior to serving on a concussion oversight team
469	469	3 in any capacity.
470	470	4 (i) The governing body of each public or charter school
471	471	5 and the appropriate administrative officer of a private school
472	472	6 with students enrolled who participate in an interscholastic
473	473	7 athletic activity shall develop a school-specific emergency
474	474	8 action plan for interscholastic athletic activities to address
475	475	9 the serious injuries and acute medical conditions in which the
476	476	10 condition of the student may deteriorate rapidly. The plan
477	477	11 shall include a delineation of roles, methods of
478	478	12 communication, available emergency equipment, and access to
479	479	13 and a plan for emergency transport. This emergency action plan
480	480	14 must be:
481	481	15 (1) in writing;
482	482	16 (2) reviewed by the concussion oversight team;
483	483	17 (3) approved by the district superintendent or the
484	484	18 superintendent's designee in the case of a public
485	485	19 elementary or secondary school, the chief school
486	486	20 administrator or that person's designee in the case of a
487	487	21 charter school, or the appropriate administrative officer
488	488	22 or that person's designee in the case of a private school;
489	489	23 (4) distributed to all appropriate personnel;
490	490	24 (5) posted conspicuously at all venues utilized by the
491	491	25 school; and
492	492	26 (6) reviewed annually by all athletic trainers, first
493	493
494	494
495	495
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497	497
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499	499
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503	503	1 responders (including, but not limited to, emergency
504	504	2 medical dispatchers), coaches, school nurses, athletic
505	505	3 directors, and volunteers for interscholastic athletic
506	506	4 activities.
507	507	5 (j) The State Board of Education shall adopt rules as
508	508	6 necessary to administer this Section, including, but not
509	509	7 limited to, rules governing the informal or formal
510	510	8 accommodation of a student who may have sustained a concussion
511	511	9 during an interscholastic athletic activity.
512	512	10 (Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23.)
513	513	11 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
514	514	12 Sec. 27-8.1. Health examinations and immunizations.
515	515	13 (1) In compliance with rules and regulations which the
516	516	14 Department of Public Health shall promulgate, and except as
517	517	15 hereinafter provided, all children in Illinois shall have a
518	518	16 health examination as follows: within one year prior to
519	519	17 entering kindergarten or the first grade of any public,
520	520	18 private, or parochial elementary school; upon entering the
521	521	19 sixth and ninth grades of any public, private, or parochial
522	522	20 school; prior to entrance into any public, private, or
523	523	21 parochial nursery school; and, irrespective of grade,
524	524	22 immediately prior to or upon entrance into any public,
525	525	23 private, or parochial school or nursery school, each child
526	526	24 shall present proof of having been examined in accordance with
527	527	25 this Section and the rules and regulations promulgated
528	528
529	529
530	530
531	531
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538	538	1 hereunder. Any child who received a health examination within
539	539	2 one year prior to entering the fifth grade for the 2007-2008
540	540	3 school year is not required to receive an additional health
541	541	4 examination in order to comply with the provisions of Public
542	542	5 Act 95-422 when he or she attends school for the 2008-2009
543	543	6 school year, unless the child is attending school for the
544	544	7 first time as provided in this paragraph.
545	545	8 A tuberculosis skin test screening shall be included as a
546	546	9 required part of each health examination included under this
547	547	10 Section if the child resides in an area designated by the
548	548	11 Department of Public Health as having a high incidence of
549	549	12 tuberculosis. Additional health examinations of pupils,
550	550	13 including eye examinations, may be required when deemed
551	551	14 necessary by school authorities. Parents are encouraged to
552	552	15 have their children undergo eye examinations at the same
553	553	16 points in time required for health examinations.
554	554	17 (1.5) In compliance with rules adopted by the Department
555	555	18 of Public Health and except as otherwise provided in this
556	556	19 Section, all children in kindergarten and the second, sixth,
557	557	20 and ninth grades of any public, private, or parochial school
558	558	21 shall have a dental examination. Each of these children shall
559	559	22 present proof of having been examined by a dentist in
560	560	23 accordance with this Section and rules adopted under this
561	561	24 Section before May 15th of the school year. If a child in the
562	562	25 second, sixth, or ninth grade fails to present proof by May
563	563	26 15th, the school may hold the child's report card until one of
564	564
565	565
566	566
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574	574	1 the following occurs: (i) the child presents proof of a
575	575	2 completed dental examination or (ii) the child presents proof
576	576	3 that a dental examination will take place within 60 days after
577	577	4 May 15th. A school may not withhold a child's report card
578	578	5 during a school year in which the Governor has declared a
579	579	6 disaster due to a public health emergency pursuant to Section
580	580	7 7 of the Illinois Emergency Management Agency Act. The
581	581	8 Department of Public Health shall establish, by rule, a waiver
582	582	9 for children who show an undue burden or a lack of access to a
583	583	10 dentist. Each public, private, and parochial school must give
584	584	11 notice of this dental examination requirement to the parents
585	585	12 and guardians of students at least 60 days before May 15th of
586	586	13 each school year.
587	587	14 (1.10) Except as otherwise provided in this Section, all
588	588	15 children enrolling in kindergarten in a public, private, or
589	589	16 parochial school on or after January 1, 2008 (the effective
590	590	17 date of Public Act 95-671) and any student enrolling for the
591	591	18 first time in a public, private, or parochial school on or
592	592	19 after January 1, 2008 (the effective date of Public Act
593	593	20 95-671) shall have an eye examination. Each of these children
594	594	21 shall present proof of having been examined by a physician
595	595	22 licensed to practice medicine in all of its branches or a
596	596	23 licensed optometrist within the previous year, in accordance
597	597	24 with this Section and rules adopted under this Section, before
598	598	25 October 15th of the school year. If the child fails to present
599	599	26 proof by October 15th, the school may hold the child's report
600	600
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610	610	1 card until one of the following occurs: (i) the child presents
611	611	2 proof of a completed eye examination or (ii) the child
612	612	3 presents proof that an eye examination will take place within
613	613	4 60 days after October 15th. A school may not withhold a child's
614	614	5 report card during a school year in which the Governor has
615	615	6 declared a disaster due to a public health emergency pursuant
616	616	7 to Section 7 of the Illinois Emergency Management Agency Act.
617	617	8 The Department of Public Health shall establish, by rule, a
618	618	9 waiver for children who show an undue burden or a lack of
619	619	10 access to a physician licensed to practice medicine in all of
620	620	11 its branches who provides eye examinations or to a licensed
621	621	12 optometrist. Each public, private, and parochial school must
622	622	13 give notice of this eye examination requirement to the parents
623	623	14 and guardians of students in compliance with rules of the
624	624	15 Department of Public Health. Nothing in this Section shall be
625	625	16 construed to allow a school to exclude a child from attending
626	626	17 because of a parent's or guardian's failure to obtain an eye
627	627	18 examination for the child.
628	628	19 (2) The Department of Public Health shall promulgate rules
629	629	20 and regulations specifying the examinations and procedures
630	630	21 that constitute a health examination, which shall include an
631	631	22 age-appropriate developmental screening, an age-appropriate
632	632	23 social and emotional screening, and the collection of data
633	633	24 relating to asthma and obesity (including at a minimum, date
634	634	25 of birth, gender, height, weight, blood pressure, and date of
635	635	26 exam), and a dental examination and may recommend by rule that
636	636
637	637
638	638
639	639
640	640
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642	642
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646	646	1 certain additional examinations be performed. The rules and
647	647	2 regulations of the Department of Public Health shall specify
648	648	3 that a tuberculosis skin test screening shall be included as a
649	649	4 required part of each health examination included under this
650	650	5 Section if the child resides in an area designated by the
651	651	6 Department of Public Health as having a high incidence of
652	652	7 tuberculosis. With respect to the developmental screening and
653	653	8 the social and emotional screening, the Department of Public
654	654	9 Health must, no later than January 1, 2019, develop rules and
655	655	10 appropriate revisions to the Child Health Examination form in
656	656	11 conjunction with a statewide organization representing school
657	657	12 boards; a statewide organization representing pediatricians;
658	658	13 statewide organizations representing individuals holding
659	659	14 Illinois educator licenses with school support personnel
660	660	15 endorsements, including school social workers, school
661	661	16 psychologists, and school nurses; a statewide organization
662	662	17 representing children's mental health experts; a statewide
663	663	18 organization representing school principals; the Director of
664	664	19 Healthcare and Family Services or his or her designee, the
665	665	20 State Superintendent of Education or his or her designee; and
666	666	21 representatives of other appropriate State agencies and, at a
667	667	22 minimum, must recommend the use of validated screening tools
668	668	23 appropriate to the child's age or grade, and, with regard to
669	669	24 the social and emotional screening, require recording only
670	670	25 whether or not the screening was completed. The rules shall
671	671	26 take into consideration the screening recommendations of the
672	672
673	673
674	674
675	675
676	676
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678	678
679	679
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681	681	HB3033 - 19 - LRB104 09562 LNS 19625 b
682	682	1 American Academy of Pediatrics and must be consistent with the
683	683	2 State Board of Education's social and emotional learning
684	684	3 standards. The Department of Public Health shall specify that
685	685	4 a diabetes screening as defined by rule shall be included as a
686	686	5 required part of each health examination. Diabetes testing is
687	687	6 not required.
688	688	7 Physicians licensed to practice medicine in all of its
689	689	8 branches, licensed advanced practice registered nurses, or
690	690	9 licensed physician assistants shall be responsible for the
691	691	10 performance of the health examinations, other than dental
692	692	11 examinations, eye examinations, and vision and hearing
693	693	12 screening, and shall sign all report forms required by
694	694	13 subsection (4) of this Section that pertain to those portions
695	695	14 of the health examination for which the physician, advanced
696	696	15 practice registered nurse, or physician assistant is
697	697	16 responsible. However, if the health examination is an athletic
698	698	17 physical examination, then a chiropractic physician licensed
699	699	18 under the Medical Practice Act of 1987 may also be responsible
700	700	19 for the performance of the athletic physical examination and
701	701	20 must sign all report forms required for the athletic physical
702	702	21 examination. If a registered nurse performs any part of a
703	703	22 health examination, then a physician licensed to practice
704	704	23 medicine in all of its branches must review and sign all
705	705	24 required report forms. Licensed dentists shall perform all
706	706	25 dental examinations and shall sign all report forms required
707	707	26 by subsection (4) of this Section that pertain to the dental
708	708
709	709
710	710
711	711
712	712
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714	714
715	715
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717	717	HB3033 - 20 - LRB104 09562 LNS 19625 b
718	718	1 examinations. Physicians licensed to practice medicine in all
719	719	2 its branches or licensed optometrists shall perform all eye
720	720	3 examinations required by this Section and shall sign all
721	721	4 report forms required by subsection (4) of this Section that
722	722	5 pertain to the eye examination. For purposes of this Section,
723	723	6 an eye examination shall at a minimum include history, visual
724	724	7 acuity, subjective refraction to best visual acuity near and
725	725	8 far, internal and external examination, and a glaucoma
726	726	9 evaluation, as well as any other tests or observations that in
727	727	10 the professional judgment of the doctor are necessary. Vision
728	728	11 and hearing screening tests, which shall not be considered
729	729	12 examinations as that term is used in this Section, shall be
730	730	13 conducted in accordance with rules and regulations of the
731	731	14 Department of Public Health, and by individuals whom the
732	732	15 Department of Public Health has certified. In these rules and
733	733	16 regulations, the Department of Public Health shall require
734	734	17 that individuals conducting vision screening tests give a
735	735	18 child's parent or guardian written notification, before the
736	736	19 vision screening is conducted, that states, "Vision screening
737	737	20 is not a substitute for a complete eye and vision evaluation by
738	738	21 an eye doctor. Your child is not required to undergo this
739	739	22 vision screening if an optometrist or ophthalmologist has
740	740	23 completed and signed a report form indicating that an
741	741	24 examination has been administered within the previous 12
742	742	25 months.".
743	743	26 (2.5) With respect to the developmental screening and the
744	744
745	745
746	746
747	747
748	748
749	749	HB3033 - 20 - LRB104 09562 LNS 19625 b
750	750
751	751
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754	754	1 social and emotional screening portion of the health
755	755	2 examination, each child may present proof of having been
756	756	3 screened in accordance with this Section and the rules adopted
757	757	4 under this Section before October 15th of the school year.
758	758	5 With regard to the social and emotional screening only, the
759	759	6 examining health care provider shall only record whether or
760	760	7 not the screening was completed. If the child fails to present
761	761	8 proof of the developmental screening or the social and
762	762	9 emotional screening portions of the health examination by
763	763	10 October 15th of the school year, qualified school support
764	764	11 personnel may, with a parent's or guardian's consent, offer
765	765	12 the developmental screening or the social and emotional
766	766	13 screening to the child. Each public, private, and parochial
767	767	14 school must give notice of the developmental screening and
768	768	15 social and emotional screening requirements to the parents and
769	769	16 guardians of students in compliance with the rules of the
770	770	17 Department of Public Health. Nothing in this Section shall be
771	771	18 construed to allow a school to exclude a child from attending
772	772	19 because of a parent's or guardian's failure to obtain a
773	773	20 developmental screening or a social and emotional screening
774	774	21 for the child. Once a developmental screening or a social and
775	775	22 emotional screening is completed and proof has been presented
776	776	23 to the school, the school may, with a parent's or guardian's
777	777	24 consent, make available appropriate school personnel to work
778	778	25 with the parent or guardian, the child, and the provider who
779	779	26 signed the screening form to obtain any appropriate
780	780
781	781
782	782
783	783
784	784
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786	786
787	787
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790	790	1 evaluations and services as indicated on the form and in other
791	791	2 information and documentation provided by the parents,
792	792	3 guardians, or provider.
793	793	4 (3) Every child shall, at or about the same time as he or
794	794	5 she receives a health examination required by subsection (1)
795	795	6 of this Section, present to the local school proof of having
796	796	7 received such immunizations against preventable communicable
797	797	8 diseases as the Department of Public Health shall require by
798	798	9 rules and regulations promulgated pursuant to this Section and
799	799	10 the Communicable Disease Prevention Act.
800	800	11 (4) The individuals conducting the health examination,
801	801	12 including an athletic physical examination, dental
802	802	13 examination, or eye examination shall record the fact of
803	803	14 having conducted the examination, and such additional
804	804	15 information as required, including for a health examination
805	805	16 data relating to asthma and obesity (including at a minimum,
806	806	17 date of birth, gender, height, weight, blood pressure, and
807	807	18 date of exam), on uniform forms which the Department of Public
808	808	19 Health and the State Board of Education shall prescribe for
809	809	20 statewide use. The examiner shall summarize on the report form
810	810	21 any condition that he or she suspects indicates a need for
811	811	22 special services, including for a health examination factors
812	812	23 relating to asthma or obesity. The duty to summarize on the
813	813	24 report form does not apply to social and emotional screenings.
814	814	25 The confidentiality of the information and records relating to
815	815	26 the developmental screening and the social and emotional
816	816
817	817
818	818
819	819
820	820
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822	822
823	823
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826	826	1 screening shall be determined by the statutes, rules, and
827	827	2 professional ethics governing the type of provider conducting
828	828	3 the screening. The individuals confirming the administration
829	829	4 of required immunizations shall record as indicated on the
830	830	5 form that the immunizations were administered.
831	831	6 (5) If a child does not submit proof of having had either
832	832	7 the health examination or the immunization as required, then
833	833	8 the child shall be examined or receive the immunization, as
834	834	9 the case may be, and present proof by October 15 of the current
835	835	10 school year, or by an earlier date of the current school year
836	836	11 established by a school district. To establish a date before
837	837	12 October 15 of the current school year for the health
838	838	13 examination or immunization as required, a school district
839	839	14 must give notice of the requirements of this Section 60 days
840	840	15 prior to the earlier established date. If for medical reasons
841	841	16 one or more of the required immunizations must be given after
842	842	17 October 15 of the current school year, or after an earlier
843	843	18 established date of the current school year, then the child
844	844	19 shall present, by October 15, or by the earlier established
845	845	20 date, a schedule for the administration of the immunizations
846	846	21 and a statement of the medical reasons causing the delay, both
847	847	22 the schedule and the statement being issued by the physician,
848	848	23 advanced practice registered nurse, physician assistant,
849	849	24 registered nurse, or local health department that will be
850	850	25 responsible for administration of the remaining required
851	851	26 immunizations. If a child does not comply by October 15, or by
852	852
853	853
854	854
855	855
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858	858
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862	862	1 the earlier established date of the current school year, with
863	863	2 the requirements of this subsection, then the local school
864	864	3 authority shall exclude that child from school until such time
865	865	4 as the child presents proof of having had the health
866	866	5 examination as required and presents proof of having received
867	867	6 those required immunizations which are medically possible to
868	868	7 receive immediately. During a child's exclusion from school
869	869	8 for noncompliance with this subsection, the child's parents or
870	870	9 legal guardian shall be considered in violation of Section
871	871	10 26-1 and subject to any penalty imposed by Section 26-10. This
872	872	11 subsection (5) does not apply to dental examinations, eye
873	873	12 examinations, and the developmental screening and the social
874	874	13 and emotional screening portions of the health examination. If
875	875	14 the student is an out-of-state transfer student and does not
876	876	15 have the proof required under this subsection (5) before
877	877	16 October 15 of the current year or whatever date is set by the
878	878	17 school district, then he or she may only attend classes (i) if
879	879	18 he or she has proof that an appointment for the required
880	880	19 vaccinations has been scheduled with a party authorized to
881	881	20 submit proof of the required vaccinations. If the proof of
882	882	21 vaccination required under this subsection (5) is not
883	883	22 submitted within 30 days after the student is permitted to
884	884	23 attend classes, then the student is not to be permitted to
885	885	24 attend classes until proof of the vaccinations has been
886	886	25 properly submitted. No school district or employee of a school
887	887	26 district shall be held liable for any injury or illness to
888	888
889	889
890	890
891	891
892	892
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894	894
895	895
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898	898	1 another person that results from admitting an out-of-state
899	899	2 transfer student to class that has an appointment scheduled
900	900	3 pursuant to this subsection (5).
901	901	4 (6) Every school shall report to the State Board of
902	902	5 Education by November 15, in the manner which that agency
903	903	6 shall require, the number of children who have received the
904	904	7 necessary immunizations and the health examination (other than
905	905	8 a dental examination or eye examination) as required,
906	906	9 indicating, of those who have not received the immunizations
907	907	10 and examination as required, the number of children who are
908	908	11 exempt from health examination and immunization requirements
909	909	12 on religious or medical grounds as provided in subsection (8).
910	910	13 On or before December 1 of each year, every public school
911	911	14 district and registered nonpublic school shall make publicly
912	912	15 available the immunization data they are required to submit to
913	913	16 the State Board of Education by November 15. The immunization
914	914	17 data made publicly available must be identical to the data the
915	915	18 school district or school has reported to the State Board of
916	916	19 Education.
917	917	20 Every school shall report to the State Board of Education
918	918	21 by June 30, in the manner that the State Board requires, the
919	919	22 number of children who have received the required dental
920	920	23 examination, indicating, of those who have not received the
921	921	24 required dental examination, the number of children who are
922	922	25 exempt from the dental examination on religious grounds as
923	923	26 provided in subsection (8) of this Section and the number of
924	924
925	925
926	926
927	927
928	928
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930	930
931	931
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934	934	1 children who have received a waiver under subsection (1.5) of
935	935	2 this Section.
936	936	3 Every school shall report to the State Board of Education
937	937	4 by June 30, in the manner that the State Board requires, the
938	938	5 number of children who have received the required eye
939	939	6 examination, indicating, of those who have not received the
940	940	7 required eye examination, the number of children who are
941	941	8 exempt from the eye examination as provided in subsection (8)
942	942	9 of this Section, the number of children who have received a
943	943	10 waiver under subsection (1.10) of this Section, and the total
944	944	11 number of children in noncompliance with the eye examination
945	945	12 requirement.
946	946	13 The reported information under this subsection (6) shall
947	947	14 be provided to the Department of Public Health by the State
948	948	15 Board of Education.
949	949	16 (7) Upon determining that the number of pupils who are
950	950	17 required to be in compliance with subsection (5) of this
951	951	18 Section is below 90% of the number of pupils enrolled in the
952	952	19 school district, 10% of each State aid payment made pursuant
953	953	20 to Section 18-8.05 or 18-8.15 to the school district for such
954	954	21 year may be withheld by the State Board of Education until the
955	955	22 number of students in compliance with subsection (5) is the
956	956	23 applicable specified percentage or higher.
957	957	24 (8) Children of parents or legal guardians who object to
958	958	25 health, dental, or eye examinations or any part thereof, to
959	959	26 immunizations, or to vision and hearing screening tests on
960	960
961	961
962	962
963	963
964	964
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966	966
967	967
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970	970	1 religious grounds shall not be required to undergo the
971	971	2 examinations, tests, or immunizations to which they so object
972	972	3 if such parents or legal guardians present to the appropriate
973	973	4 local school authority a signed Certificate of Religious
974	974	5 Exemption detailing the grounds for objection and the specific
975	975	6 immunizations, tests, or examinations to which they object.
976	976	7 The grounds for objection must set forth the specific
977	977	8 religious belief that conflicts with the examination, test,
978	978	9 immunization, or other medical intervention. The signed
979	979	10 certificate shall also reflect the parent's or legal
980	980	11 guardian's understanding of the school's exclusion policies in
981	981	12 the case of a vaccine-preventable disease outbreak or
982	982	13 exposure. The certificate must also be signed by the
983	983	14 authorized examining health care provider responsible for the
984	984	15 performance of the child's health examination confirming that
985	985	16 the provider provided education to the parent or legal
986	986	17 guardian on the benefits of immunization and the health risks
987	987	18 to the student and to the community of the communicable
988	988	19 diseases for which immunization is required in this State.
989	989	20 However, the health care provider's signature on the
990	990	21 certificate reflects only that education was provided and does
991	991	22 not allow a health care provider grounds to determine a
992	992	23 religious exemption. Those receiving immunizations required
993	993	24 under this Code shall be provided with the relevant vaccine
994	994	25 information statements that are required to be disseminated by
995	995	26 the federal National Childhood Vaccine Injury Act of 1986,
996	996
997	997
998	998
999	999
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1006	1006	1 which may contain information on circumstances when a vaccine
1007	1007	2 should not be administered, prior to administering a vaccine.
1008	1008	3 A health care healthcare provider may consider, including,
1009	1009	4 without limitation, the nationally accepted recommendations
1010	1010	5 from federal agencies such as the Advisory Committee on
1011	1011	6 Immunization Practices, the information outlined in the
1012	1012	7 relevant vaccine information statement, and vaccine package
1013	1013	8 inserts, along with the healthcare provider's clinical
1014	1014	9 judgment, to determine whether any child may be more
1015	1015	10 susceptible to experiencing an adverse vaccine reaction than
1016	1016	11 the general population, and, if so, the health care healthcare
1017	1017	12 provider may exempt the child from an immunization or adopt an
1018	1018	13 individualized immunization schedule. The Certificate of
1019	1019	14 Religious Exemption shall be created by the Department of
1020	1020	15 Public Health and shall be made available and used by parents
1021	1021	16 and legal guardians by the beginning of the 2015-2016 school
1022	1022	17 year. Parents or legal guardians must submit the Certificate
1023	1023	18 of Religious Exemption to their local school authority prior
1024	1024	19 to entering kindergarten, sixth grade, and ninth grade for
1025	1025	20 each child for which they are requesting an exemption. The
1026	1026	21 religious objection stated need not be directed by the tenets
1027	1027	22 of an established religious organization. However, general
1028	1028	23 philosophical or moral reluctance to allow physical
1029	1029	24 examinations, eye examinations, immunizations, vision and
1030	1030	25 hearing screenings, or dental examinations does not provide a
1031	1031	26 sufficient basis for an exception to statutory requirements.
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1042	1042	1 The local school authority is responsible for determining if
1043	1043	2 the content of the Certificate of Religious Exemption
1044	1044	3 constitutes a valid religious objection. The local school
1045	1045	4 authority shall inform the parent or legal guardian of
1046	1046	5 exclusion procedures, in accordance with the Department's
1047	1047	6 rules under Part 690 of Title 77 of the Illinois
1048	1048	7 Administrative Code, at the time the objection is presented.
1049	1049	8 If the physical condition of the child is such that any one
1050	1050	9 or more of the immunizing agents should not be administered,
1051	1051	10 the examining physician, advanced practice registered nurse,
1052	1052	11 or physician assistant responsible for the performance of the
1053	1053	12 health examination shall endorse that fact upon the health
1054	1054	13 examination form.
1055	1055	14 Exempting a child from the health, dental, or eye
1056	1056	15 examination does not exempt the child from participation in
1057	1057	16 the program of physical education training provided in
1058	1058	17 Sections 27-5 through 27-7 of this Code.
1059	1059	18 (8.5) The school board of a school district shall include
1060	1060	19 informational materials regarding influenza and influenza
1061	1061	20 vaccinations developed, provided, or approved by the
1062	1062	21 Department of Public Health under Section 2310-700 of the
1063	1063	22 Department of Public Health Powers and Duties Law of the Civil
1064	1064	23 Administrative Code of Illinois when the board provides
1065	1065	24 information on immunizations, infectious diseases,
1066	1066	25 medications, or other school health issues to the parents or
1067	1067	26 guardians of students.
1068	1068
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