|
| | HB3191 Engrossed | | LRB098 10380 DRJ 41466 b |
|
|
1 | | AN ACT concerning regulation.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The University of Illinois Hospital Act is |
5 | | amended by changing Section 8 as follows:
|
6 | | (110 ILCS 330/8) |
7 | | Sec. 8. Immunization against influenza virus and |
8 | | pneumococcal disease. The University of Illinois Hospital |
9 | | shall adopt an influenza and pneumococcal
immunization policy |
10 | | that includes, but need not be limited to, the
following: |
11 | | (1) Procedures for identifying patients age 65 or older
|
12 | | and, at the discretion of the facility, other patients at |
13 | | risk. |
14 | | (2) Procedures for offering immunization against |
15 | | influenza virus when available
between September 1 and |
16 | | April 1, and against pneumococcal disease upon
admission or |
17 | | discharge, to patients in accordance with the |
18 | | recommendations of the Advisory Committee on Immunization |
19 | | Practices of the Centers for Disease Control and Prevention |
20 | | that are most recent to the time of vaccination age 65 or |
21 | | older , unless contraindicated. |
22 | | (3) Procedures
for ensuring that patients offered |
23 | | immunization, or their guardians,
receive information |
|
| | HB3191 Engrossed | - 2 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | regarding the risks and benefits of vaccination. |
2 | | The hospital shall provide a copy of its influenza and |
3 | | pneumococcal immunization policy to the Illinois Department of |
4 | | Public Health upon request.
|
5 | | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
|
6 | | Section 10. The Nursing Home Care Act is amended by |
7 | | changing Section 2-213 as follows:
|
8 | | (210 ILCS 45/2-213)
|
9 | | Sec. 2-213. Vaccinations.
|
10 | | (a) A facility shall annually administer or arrange for |
11 | | administration of a vaccination against influenza to
each
|
12 | | resident, in accordance with the recommendations of the |
13 | | Advisory Committee on
Immunization Practices of the Centers for |
14 | | Disease Control and Prevention that
are most
recent to the time |
15 | | of vaccination, unless the vaccination is medically
|
16 | | contraindicated or
the resident has refused the vaccine. |
17 | | Influenza vaccinations for all residents
age 65 and
over shall |
18 | | be completed by November 30 of each year or as soon as |
19 | | practicable
if vaccine
supplies are not available before |
20 | | November 1. Residents admitted after November
30,
during the |
21 | | flu season, and until February 1 shall, as medically |
22 | | appropriate,
receive an influenza vaccination prior to or upon |
23 | | admission or as soon as
practicable if vaccine
supplies are not |
24 | | available at the time of the admission, unless the vaccine is
|
|
| | HB3191 Engrossed | - 3 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | medically
contraindicated or the resident has refused the |
2 | | vaccine. In the event that the
Advisory
Committee on |
3 | | Immunization Practices of the Centers for Disease Control and
|
4 | | Prevention
determines that dates of administration other than |
5 | | those stated in this Act are
optimal to
protect the health of |
6 | | residents, the Department is authorized to develop rules
to |
7 | | mandate
vaccinations at those times rather than the times |
8 | | stated in this Act. A
facility shall document in the resident's |
9 | | medical record that an annual
vaccination against influenza
was |
10 | | administered, arranged, refused or medically contraindicated.
|
11 | | (b) A facility shall administer or arrange for |
12 | | administration of a pneumococcal
vaccination to each resident |
13 | | who is age 65 and over , in accordance with the
recommendations |
14 | | of the Advisory Committee on Immunization Practices of the
|
15 | | Centers
for Disease Control and Prevention, who has not |
16 | | received this immunization
prior to or
upon admission to the |
17 | | facility, unless the resident refuses the offer for
vaccination |
18 | | or the
vaccination is medically contraindicated. A facility |
19 | | shall document in each
resident's
medical record that a |
20 | | vaccination against pneumococcal pneumonia was offered
and |
21 | | administered, arranged, refused, or medically contraindicated.
|
22 | | (c) All persons seeking admission to a nursing facility |
23 | | shall be verbally screened for risk factors associated with |
24 | | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus |
25 | | (HIV) according to guidelines established by the U.S. Centers |
26 | | for Disease Control and Prevention. Persons who are identified |
|
| | HB3191 Engrossed | - 4 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | as being at high risk for hepatitis B, hepatitis C, or HIV |
2 | | shall be offered an opportunity to undergo laboratory testing |
3 | | in order to determine infection status if they will be admitted |
4 | | to the nursing facility for at least 7 days and are not known |
5 | | to be infected with any of the listed viruses. All HIV testing |
6 | | shall be conducted in compliance with the AIDS Confidentiality |
7 | | Act. All persons determined to be susceptible to the hepatitis |
8 | | B virus shall be offered immunization within 10 days of |
9 | | admission to any nursing facility. A facility shall document in |
10 | | the resident's medical record that he or she was verbally |
11 | | screened for risk factors associated with hepatitis B, |
12 | | hepatitis C, and HIV, and whether or not the resident was |
13 | | immunized against hepatitis B. Nothing in this subsection (c) |
14 | | shall apply to a nursing facility licensed or regulated by the |
15 | | Illinois Department of Veterans' Affairs. |
16 | | (d) A skilled nursing facility shall designate a person or |
17 | | persons as Infection Prevention and Control Professionals to |
18 | | develop and implement policies governing control of infections |
19 | | and communicable diseases. The Infection Prevention and |
20 | | Control Professionals shall be qualified through education, |
21 | | training, experience, or certification or a combination of such |
22 | | qualifications. The Infection Prevention and Control |
23 | | Professional's qualifications shall be documented and shall be |
24 | | made available for inspection by the Department. |
25 | | (Source: P.A. 96-1259, eff. 1-1-11; 97-107, eff. 1-1-12.)
|
|
| | HB3191 Engrossed | - 5 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | Section 15. The ID/DD Community Care Act is amended by |
2 | | changing Section 2-213 as follows:
|
3 | | (210 ILCS 47/2-213)
|
4 | | Sec. 2-213. Vaccinations. |
5 | | (a) A facility shall annually administer or arrange for |
6 | | administration of a vaccination against influenza to each |
7 | | resident, in accordance with the recommendations of the |
8 | | Advisory Committee on Immunization Practices of the Centers for |
9 | | Disease Control and Prevention that are most recent to the time |
10 | | of vaccination, unless the vaccination is medically |
11 | | contraindicated or the resident has refused the vaccine. |
12 | | Influenza vaccinations for all residents age 65 and over shall |
13 | | be completed by November 30 of each year or as soon as |
14 | | practicable if vaccine supplies are not available before |
15 | | November 1. Residents admitted after November 30, during the |
16 | | flu season, and until February 1 shall, as medically |
17 | | appropriate, receive an influenza vaccination prior to or upon |
18 | | admission or as soon as practicable if vaccine supplies are not |
19 | | available at the time of the admission, unless the vaccine is |
20 | | medically contraindicated or the resident has refused the |
21 | | vaccine. In the event that the Advisory Committee on |
22 | | Immunization Practices of the Centers for Disease Control and |
23 | | Prevention determines that dates of administration other than |
24 | | those stated in this Act are optimal to protect the health of |
25 | | residents, the Department is authorized to develop rules to |
|
| | HB3191 Engrossed | - 6 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | mandate vaccinations at those times rather than the times |
2 | | stated in this Act. A facility shall document in the resident's |
3 | | medical record that an annual vaccination against influenza was |
4 | | administered, arranged, refused or medically contraindicated. |
5 | | (b) A facility shall administer or arrange for |
6 | | administration of a pneumococcal vaccination to each resident |
7 | | who is age 65 and over , in accordance with the recommendations |
8 | | of the Advisory Committee on Immunization Practices of the |
9 | | Centers for Disease Control and Prevention, who has not |
10 | | received this immunization prior to or upon admission to the |
11 | | facility, unless the resident refuses the offer for vaccination |
12 | | or the vaccination is medically contraindicated. A facility |
13 | | shall document in each resident's medical record that a |
14 | | vaccination against pneumococcal pneumonia was offered and |
15 | | administered, arranged, refused, or medically contraindicated.
|
16 | | (Source: P.A. 96-339, eff. 7-1-10 .)
|
17 | | Section 20. The Specialized Mental Health Rehabilitation |
18 | | Act is amended by changing Section 2-213 as follows:
|
19 | | (210 ILCS 48/2-213)
|
20 | | Sec. 2-213. Vaccinations. |
21 | | (a) A facility shall annually administer or arrange for |
22 | | administration of a vaccination against influenza to each |
23 | | resident, in accordance with the recommendations of the |
24 | | Advisory Committee on Immunization Practices of the Centers for |
|
| | HB3191 Engrossed | - 7 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | Disease Control and Prevention that are most recent to the time |
2 | | of vaccination, unless the vaccination is medically |
3 | | contraindicated or the resident has refused the vaccine. |
4 | | Influenza vaccinations for all residents age 65 and over shall |
5 | | be completed by November 30 of each year or as soon as |
6 | | practicable if vaccine supplies are not available before |
7 | | November 1. Residents admitted after November 30, during the |
8 | | flu season, and until February 1 shall, as medically |
9 | | appropriate, receive an influenza vaccination prior to or upon |
10 | | admission or as soon as practicable if vaccine supplies are not |
11 | | available at the time of the admission, unless the vaccine is |
12 | | medically contraindicated or the resident has refused the |
13 | | vaccine. In the event that the Advisory Committee on |
14 | | Immunization Practices of the Centers for Disease Control and |
15 | | Prevention determines that dates of administration other than |
16 | | those stated in this Act are optimal to protect the health of |
17 | | residents, the Department is authorized to develop rules to |
18 | | mandate vaccinations at those times rather than the times |
19 | | stated in this Act. A facility shall document in the resident's |
20 | | medical record that an annual vaccination against influenza was |
21 | | administered, arranged, refused or medically contraindicated. |
22 | | (b) A facility shall administer or arrange for |
23 | | administration of a pneumococcal vaccination to each resident |
24 | | who is age 65 and over , in accordance with the recommendations |
25 | | of the Advisory Committee on Immunization Practices of the |
26 | | Centers for Disease Control and Prevention, who has not |
|
| | HB3191 Engrossed | - 8 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | received this immunization prior to or upon admission to the |
2 | | facility, unless the resident refuses the offer for vaccination |
3 | | or the vaccination is medically contraindicated. A facility |
4 | | shall document in each resident's medical record that a |
5 | | vaccination against pneumococcal pneumonia was offered and |
6 | | administered, arranged, refused, or medically contraindicated.
|
7 | | (c) All persons seeking admission to a nursing facility |
8 | | shall be verbally screened for risk factors associated with |
9 | | hepatitis B, hepatitis C, and the Human Immunodeficiency Virus |
10 | | (HIV) according to guidelines established by the U.S. Centers |
11 | | for Disease Control and Prevention. Persons who are identified |
12 | | as being at high risk for hepatitis B, hepatitis C, or HIV |
13 | | shall be offered an opportunity to undergo laboratory testing |
14 | | in order to determine infection status if they will be admitted |
15 | | to the nursing facility for at least 7 days and are not known |
16 | | to be infected with any of the listed viruses. All HIV testing |
17 | | shall be conducted in compliance with the AIDS Confidentiality |
18 | | Act. All persons determined to be susceptible to the hepatitis |
19 | | B virus shall be offered immunization within 10 days of |
20 | | admission to any nursing facility. A facility shall document in |
21 | | the resident's medical record that he or she was verbally |
22 | | screened for risk factors associated with hepatitis B, |
23 | | hepatitis C, and HIV, and whether or not the resident was |
24 | | immunized against hepatitis B. Nothing in this subsection (c) |
25 | | shall apply to a nursing facility licensed or regulated by the |
26 | | Illinois Department of Veterans' Affairs.
|
|
| | HB3191 Engrossed | - 9 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | (Source: P.A. 97-38, eff. 6-28-11.)
|
2 | | Section 25. The Hospital Licensing Act is amended by |
3 | | changing Section 6.26 as follows:
|
4 | | (210 ILCS 85/6.26) |
5 | | Sec. 6.26. Immunization against influenza virus and |
6 | | pneumococcal disease. |
7 | | (a) Every hospital shall adopt an influenza and |
8 | | pneumococcal
immunization policy that includes, but need not be |
9 | | limited to, the
following: |
10 | | (1) Procedures for identifying patients age 65 or older
|
11 | | and, at the discretion of the facility, other patients at |
12 | | risk. |
13 | | (2) Procedures for offering immunization against |
14 | | influenza virus when available
between September 1 and |
15 | | April 1, and against pneumococcal disease upon
admission or |
16 | | discharge, to patients in accordance with the |
17 | | recommendations of the Advisory Committee on Immunization |
18 | | Practices of the Centers for Disease Control and Prevention |
19 | | that are most recent to the time of vaccination age 65 or |
20 | | older , unless contraindicated. |
21 | | (3) Procedures
for ensuring that patients offered |
22 | | immunization, or their guardians,
receive information |
23 | | regarding the risks and benefits of vaccination. |
24 | | The hospital shall provide a copy of its influenza and |
|
| | HB3191 Engrossed | - 10 - | LRB098 10380 DRJ 41466 b |
|
|
1 | | pneumococcal immunization policy to the Department upon |
2 | | request. |
3 | | (b) A home rule unit may not regulate immunization against |
4 | | influenza virus and pneumococcal disease in a manner |
5 | | inconsistent with the regulation of such immunizations under |
6 | | this Section. This subsection is a limitation under subsection |
7 | | (i) of Section 6 of Article VII of the Illinois Constitution on |
8 | | the concurrent exercise by home rule units of powers and |
9 | | functions exercised by the State.
|
10 | | (Source: P.A. 96-343, eff. 8-11-09; 96-1000, eff. 7-2-10.)
|