Bill Text: IL SB1846 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the School Code. Requires the Department of Public Health to promulgate rules and regulations to include asthma in the standard school health examination. Makes conforming changes. Amends the Illinois Health Statistics Act. Requires the Department of Public Health to collect and maintain data on the extent, nature, and impact of asthma, and the determinants of asthma. Makes conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Enrolled) 2017-05-22 - Passed Both Houses [SB1846 Detail]

Download: Illinois-2017-SB1846-Enrolled.html



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1 AN ACT concerning asthma.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
527-8.1 as follows:
6 (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)
7 (Text of Section before amendment by P.A. 99-927)
8 Sec. 27-8.1. Health examinations and immunizations.
9 (1) In compliance with rules and regulations which the
10Department of Public Health shall promulgate, and except as
11hereinafter provided, all children in Illinois shall have a
12health examination as follows: within one year prior to
13entering kindergarten or the first grade of any public,
14private, or parochial elementary school; upon entering the
15sixth and ninth grades of any public, private, or parochial
16school; prior to entrance into any public, private, or
17parochial nursery school; and, irrespective of grade,
18immediately prior to or upon entrance into any public, private,
19or parochial school or nursery school, each child shall present
20proof of having been examined in accordance with this Section
21and the rules and regulations promulgated hereunder. Any child
22who received a health examination within one year prior to
23entering the fifth grade for the 2007-2008 school year is not

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1required to receive an additional health examination in order
2to comply with the provisions of Public Act 95-422 when he or
3she attends school for the 2008-2009 school year, unless the
4child is attending school for the first time as provided in
5this paragraph.
6 A tuberculosis skin test screening shall be included as a
7required part of each health examination included under this
8Section if the child resides in an area designated by the
9Department of Public Health as having a high incidence of
10tuberculosis. Additional health examinations of pupils,
11including eye examinations, may be required when deemed
12necessary by school authorities. Parents are encouraged to have
13their children undergo eye examinations at the same points in
14time required for health examinations.
15 (1.5) In compliance with rules adopted by the Department of
16Public Health and except as otherwise provided in this Section,
17all children in kindergarten and the second and sixth grades of
18any public, private, or parochial school shall have a dental
19examination. Each of these children shall present proof of
20having been examined by a dentist in accordance with this
21Section and rules adopted under this Section before May 15th of
22the school year. If a child in the second or sixth grade fails
23to present proof by May 15th, the school may hold the child's
24report card until one of the following occurs: (i) the child
25presents proof of a completed dental examination or (ii) the
26child presents proof that a dental examination will take place

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1within 60 days after May 15th. The Department of Public Health
2shall establish, by rule, a waiver for children who show an
3undue burden or a lack of access to a dentist. Each public,
4private, and parochial school must give notice of this dental
5examination requirement to the parents and guardians of
6students at least 60 days before May 15th of each school year.
7 (1.10) Except as otherwise provided in this Section, all
8children enrolling in kindergarten in a public, private, or
9parochial school on or after the effective date of this
10amendatory Act of the 95th General Assembly and any student
11enrolling for the first time in a public, private, or parochial
12school on or after the effective date of this amendatory Act of
13the 95th General Assembly shall have an eye examination. Each
14of these children shall present proof of having been examined
15by a physician licensed to practice medicine in all of its
16branches or a licensed optometrist within the previous year, in
17accordance with this Section and rules adopted under this
18Section, before October 15th of the school year. If the child
19fails to present proof by October 15th, the school may hold the
20child's report card until one of the following occurs: (i) the
21child presents proof of a completed eye examination or (ii) the
22child presents proof that an eye examination will take place
23within 60 days after October 15th. The Department of Public
24Health shall establish, by rule, a waiver for children who show
25an undue burden or a lack of access to a physician licensed to
26practice medicine in all of its branches who provides eye

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1examinations or to a licensed optometrist. Each public,
2private, and parochial school must give notice of this eye
3examination requirement to the parents and guardians of
4students in compliance with rules of the Department of Public
5Health. Nothing in this Section shall be construed to allow a
6school to exclude a child from attending because of a parent's
7or guardian's failure to obtain an eye examination for the
8child.
9 (2) The Department of Public Health shall promulgate rules
10and regulations specifying the examinations and procedures
11that constitute a health examination, which shall include the
12collection of data relating to asthma and obesity (including at
13a minimum, date of birth, gender, height, weight, blood
14pressure, and date of exam), and a dental examination and may
15recommend by rule that certain additional examinations be
16performed. The rules and regulations of the Department of
17Public Health shall specify that a tuberculosis skin test
18screening shall be included as a required part of each health
19examination included under this Section if the child resides in
20an area designated by the Department of Public Health as having
21a high incidence of tuberculosis. The Department of Public
22Health shall specify that a diabetes screening as defined by
23rule shall be included as a required part of each health
24examination. Diabetes testing is not required.
25 Physicians licensed to practice medicine in all of its
26branches, licensed advanced practice nurses, or licensed

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1physician assistants shall be responsible for the performance
2of the health examinations, other than dental examinations, eye
3examinations, and vision and hearing screening, and shall sign
4all report forms required by subsection (4) of this Section
5that pertain to those portions of the health examination for
6which the physician, advanced practice nurse, or physician
7assistant is responsible. If a registered nurse performs any
8part of a health examination, then a physician licensed to
9practice medicine in all of its branches must review and sign
10all required report forms. Licensed dentists shall perform all
11dental examinations and shall sign all report forms required by
12subsection (4) of this Section that pertain to the dental
13examinations. Physicians licensed to practice medicine in all
14its branches or licensed optometrists shall perform all eye
15examinations required by this Section and shall sign all report
16forms required by subsection (4) of this Section that pertain
17to the eye examination. For purposes of this Section, an eye
18examination shall at a minimum include history, visual acuity,
19subjective refraction to best visual acuity near and far,
20internal and external examination, and a glaucoma evaluation,
21as well as any other tests or observations that in the
22professional judgment of the doctor are necessary. Vision and
23hearing screening tests, which shall not be considered
24examinations as that term is used in this Section, shall be
25conducted in accordance with rules and regulations of the
26Department of Public Health, and by individuals whom the

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1Department of Public Health has certified. In these rules and
2regulations, the Department of Public Health shall require that
3individuals conducting vision screening tests give a child's
4parent or guardian written notification, before the vision
5screening is conducted, that states, "Vision screening is not a
6substitute for a complete eye and vision evaluation by an eye
7doctor. Your child is not required to undergo this vision
8screening if an optometrist or ophthalmologist has completed
9and signed a report form indicating that an examination has
10been administered within the previous 12 months."
11 (3) Every child shall, at or about the same time as he or
12she receives a health examination required by subsection (1) of
13this Section, present to the local school proof of having
14received such immunizations against preventable communicable
15diseases as the Department of Public Health shall require by
16rules and regulations promulgated pursuant to this Section and
17the Communicable Disease Prevention Act.
18 (4) The individuals conducting the health examination,
19dental examination, or eye examination shall record the fact of
20having conducted the examination, and such additional
21information as required, including for a health examination
22data relating to asthma and obesity (including at a minimum,
23date of birth, gender, height, weight, blood pressure, and date
24of exam), on uniform forms which the Department of Public
25Health and the State Board of Education shall prescribe for
26statewide use. The examiner shall summarize on the report form

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1any condition that he or she suspects indicates a need for
2special services, including for a health examination factors
3relating to asthma or obesity. The individuals confirming the
4administration of required immunizations shall record as
5indicated on the form that the immunizations were administered.
6 (5) If a child does not submit proof of having had either
7the health examination or the immunization as required, then
8the child shall be examined or receive the immunization, as the
9case may be, and present proof by October 15 of the current
10school year, or by an earlier date of the current school year
11established by a school district. To establish a date before
12October 15 of the current school year for the health
13examination or immunization as required, a school district must
14give notice of the requirements of this Section 60 days prior
15to the earlier established date. If for medical reasons one or
16more of the required immunizations must be given after October
1715 of the current school year, or after an earlier established
18date of the current school year, then the child shall present,
19by October 15, or by the earlier established date, a schedule
20for the administration of the immunizations and a statement of
21the medical reasons causing the delay, both the schedule and
22the statement being issued by the physician, advanced practice
23nurse, physician assistant, registered nurse, or local health
24department that will be responsible for administration of the
25remaining required immunizations. If a child does not comply by
26October 15, or by the earlier established date of the current

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1school year, with the requirements of this subsection, then the
2local school authority shall exclude that child from school
3until such time as the child presents proof of having had the
4health examination as required and presents proof of having
5received those required immunizations which are medically
6possible to receive immediately. During a child's exclusion
7from school for noncompliance with this subsection, the child's
8parents or legal guardian shall be considered in violation of
9Section 26-1 and subject to any penalty imposed by Section
1026-10. This subsection (5) does not apply to dental
11examinations and eye examinations. If the student is an
12out-of-state transfer student and does not have the proof
13required under this subsection (5) before October 15 of the
14current year or whatever date is set by the school district,
15then he or she may only attend classes (i) if he or she has
16proof that an appointment for the required vaccinations has
17been scheduled with a party authorized to submit proof of the
18required vaccinations. If the proof of vaccination required
19under this subsection (5) is not submitted within 30 days after
20the student is permitted to attend classes, then the student is
21not to be permitted to attend classes until proof of the
22vaccinations has been properly submitted. No school district or
23employee of a school district shall be held liable for any
24injury or illness to another person that results from admitting
25an out-of-state transfer student to class that has an
26appointment scheduled pursuant to this subsection (5).

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1 (6) Every school shall report to the State Board of
2Education by November 15, in the manner which that agency shall
3require, the number of children who have received the necessary
4immunizations and the health examination (other than a dental
5examination or eye examination) as required, indicating, of
6those who have not received the immunizations and examination
7as required, the number of children who are exempt from health
8examination and immunization requirements on religious or
9medical grounds as provided in subsection (8). On or before
10December 1 of each year, every public school district and
11registered nonpublic school shall make publicly available the
12immunization data they are required to submit to the State
13Board of Education by November 15. The immunization data made
14publicly available must be identical to the data the school
15district or school has reported to the State Board of
16Education.
17 Every school shall report to the State Board of Education
18by June 30, in the manner that the State Board requires, the
19number of children who have received the required dental
20examination, indicating, of those who have not received the
21required dental examination, the number of children who are
22exempt from the dental examination on religious grounds as
23provided in subsection (8) of this Section and the number of
24children who have received a waiver under subsection (1.5) of
25this Section.
26 Every school shall report to the State Board of Education

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1by June 30, in the manner that the State Board requires, the
2number of children who have received the required eye
3examination, indicating, of those who have not received the
4required eye examination, the number of children who are exempt
5from the eye examination as provided in subsection (8) of this
6Section, the number of children who have received a waiver
7under subsection (1.10) of this Section, and the total number
8of children in noncompliance with the eye examination
9requirement.
10 The reported information under this subsection (6) shall be
11provided to the Department of Public Health by the State Board
12of Education.
13 (7) Upon determining that the number of pupils who are
14required to be in compliance with subsection (5) of this
15Section is below 90% of the number of pupils enrolled in the
16school district, 10% of each State aid payment made pursuant to
17Section 18-8.05 to the school district for such year may be
18withheld by the State Board of Education until the number of
19students in compliance with subsection (5) is the applicable
20specified percentage or higher.
21 (8) Children of parents or legal guardians who object to
22health, dental, or eye examinations or any part thereof, to
23immunizations, or to vision and hearing screening tests on
24religious grounds shall not be required to undergo the
25examinations, tests, or immunizations to which they so object
26if such parents or legal guardians present to the appropriate

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1local school authority a signed Certificate of Religious
2Exemption detailing the grounds for objection and the specific
3immunizations, tests, or examinations to which they object. The
4grounds for objection must set forth the specific religious
5belief that conflicts with the examination, test,
6immunization, or other medical intervention. The signed
7certificate shall also reflect the parent's or legal guardian's
8understanding of the school's exclusion policies in the case of
9a vaccine-preventable disease outbreak or exposure. The
10certificate must also be signed by the authorized examining
11health care provider responsible for the performance of the
12child's health examination confirming that the provider
13provided education to the parent or legal guardian on the
14benefits of immunization and the health risks to the student
15and to the community of the communicable diseases for which
16immunization is required in this State. However, the health
17care provider's signature on the certificate reflects only that
18education was provided and does not allow a health care
19provider grounds to determine a religious exemption. Those
20receiving immunizations required under this Code shall be
21provided with the relevant vaccine information statements that
22are required to be disseminated by the federal National
23Childhood Vaccine Injury Act of 1986, which may contain
24information on circumstances when a vaccine should not be
25administered, prior to administering a vaccine. A healthcare
26provider may consider including without limitation the

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1nationally accepted recommendations from federal agencies such
2as the Advisory Committee on Immunization Practices, the
3information outlined in the relevant vaccine information
4statement, and vaccine package inserts, along with the
5healthcare provider's clinical judgment, to determine whether
6any child may be more susceptible to experiencing an adverse
7vaccine reaction than the general population, and, if so, the
8healthcare provider may exempt the child from an immunization
9or adopt an individualized immunization schedule. The
10Certificate of Religious Exemption shall be created by the
11Department of Public Health and shall be made available and
12used by parents and legal guardians by the beginning of the
132015-2016 school year. Parents or legal guardians must submit
14the Certificate of Religious Exemption to their local school
15authority prior to entering kindergarten, sixth grade, and
16ninth grade for each child for which they are requesting an
17exemption. The religious objection stated need not be directed
18by the tenets of an established religious organization.
19However, general philosophical or moral reluctance to allow
20physical examinations, eye examinations, immunizations, vision
21and hearing screenings, or dental examinations does not provide
22a sufficient basis for an exception to statutory requirements.
23The local school authority is responsible for determining if
24the content of the Certificate of Religious Exemption
25constitutes a valid religious objection. The local school
26authority shall inform the parent or legal guardian of

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1exclusion procedures, in accordance with the Department's
2rules under Part 690 of Title 77 of the Illinois Administrative
3Code, at the time the objection is presented.
4 If the physical condition of the child is such that any one
5or more of the immunizing agents should not be administered,
6the examining physician, advanced practice nurse, or physician
7assistant responsible for the performance of the health
8examination shall endorse that fact upon the health examination
9form.
10 Exempting a child from the health, dental, or eye
11examination does not exempt the child from participation in the
12program of physical education training provided in Sections
1327-5 through 27-7 of this Code.
14 (9) For the purposes of this Section, "nursery schools"
15means those nursery schools operated by elementary school
16systems or secondary level school units or institutions of
17higher learning.
18(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1999-249, eff. 8-3-15; 99-642, eff. 7-28-16.)
20 (Text of Section after amendment by P.A. 99-927)
21 Sec. 27-8.1. Health examinations and immunizations.
22 (1) In compliance with rules and regulations which the
23Department of Public Health shall promulgate, and except as
24hereinafter provided, all children in Illinois shall have a
25health examination as follows: within one year prior to

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1entering kindergarten or the first grade of any public,
2private, or parochial elementary school; upon entering the
3sixth and ninth grades of any public, private, or parochial
4school; prior to entrance into any public, private, or
5parochial nursery school; and, irrespective of grade,
6immediately prior to or upon entrance into any public, private,
7or parochial school or nursery school, each child shall present
8proof of having been examined in accordance with this Section
9and the rules and regulations promulgated hereunder. Any child
10who received a health examination within one year prior to
11entering the fifth grade for the 2007-2008 school year is not
12required to receive an additional health examination in order
13to comply with the provisions of Public Act 95-422 when he or
14she attends school for the 2008-2009 school year, unless the
15child is attending school for the first time as provided in
16this paragraph.
17 A tuberculosis skin test screening shall be included as a
18required part of each health examination included under this
19Section if the child resides in an area designated by the
20Department of Public Health as having a high incidence of
21tuberculosis. Additional health examinations of pupils,
22including eye examinations, may be required when deemed
23necessary by school authorities. Parents are encouraged to have
24their children undergo eye examinations at the same points in
25time required for health examinations.
26 (1.5) In compliance with rules adopted by the Department of

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1Public Health and except as otherwise provided in this Section,
2all children in kindergarten and the second and sixth grades of
3any public, private, or parochial school shall have a dental
4examination. Each of these children shall present proof of
5having been examined by a dentist in accordance with this
6Section and rules adopted under this Section before May 15th of
7the school year. If a child in the second or sixth grade fails
8to present proof by May 15th, the school may hold the child's
9report card until one of the following occurs: (i) the child
10presents proof of a completed dental examination or (ii) the
11child presents proof that a dental examination will take place
12within 60 days after May 15th. The Department of Public Health
13shall establish, by rule, a waiver for children who show an
14undue burden or a lack of access to a dentist. Each public,
15private, and parochial school must give notice of this dental
16examination requirement to the parents and guardians of
17students at least 60 days before May 15th of each school year.
18 (1.10) Except as otherwise provided in this Section, all
19children enrolling in kindergarten in a public, private, or
20parochial school on or after the effective date of this
21amendatory Act of the 95th General Assembly and any student
22enrolling for the first time in a public, private, or parochial
23school on or after the effective date of this amendatory Act of
24the 95th General Assembly shall have an eye examination. Each
25of these children shall present proof of having been examined
26by a physician licensed to practice medicine in all of its

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1branches or a licensed optometrist within the previous year, in
2accordance with this Section and rules adopted under this
3Section, before October 15th of the school year. If the child
4fails to present proof by October 15th, the school may hold the
5child's report card until one of the following occurs: (i) the
6child presents proof of a completed eye examination or (ii) the
7child presents proof that an eye examination will take place
8within 60 days after October 15th. The Department of Public
9Health shall establish, by rule, a waiver for children who show
10an undue burden or a lack of access to a physician licensed to
11practice medicine in all of its branches who provides eye
12examinations or to a licensed optometrist. Each public,
13private, and parochial school must give notice of this eye
14examination requirement to the parents and guardians of
15students in compliance with rules of the Department of Public
16Health. Nothing in this Section shall be construed to allow a
17school to exclude a child from attending because of a parent's
18or guardian's failure to obtain an eye examination for the
19child.
20 (2) The Department of Public Health shall promulgate rules
21and regulations specifying the examinations and procedures
22that constitute a health examination, which shall include an
23age-appropriate developmental screening, an age-appropriate
24social and emotional screening, and the collection of data
25relating to asthma and obesity (including at a minimum, date of
26birth, gender, height, weight, blood pressure, and date of

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1exam), and a dental examination and may recommend by rule that
2certain additional examinations be performed. The rules and
3regulations of the Department of Public Health shall specify
4that a tuberculosis skin test screening shall be included as a
5required part of each health examination included under this
6Section if the child resides in an area designated by the
7Department of Public Health as having a high incidence of
8tuberculosis. With respect to the developmental screening and
9the social and emotional screening, the Department of Public
10Health must develop rules and appropriate revisions to the
11Child Health Examination form in conjunction with a statewide
12organization representing school boards; a statewide
13organization representing pediatricians; statewide
14organizations representing individuals holding Illinois
15educator licenses with school support personnel endorsements,
16including school social workers, school psychologists, and
17school nurses; a statewide organization representing
18children's mental health experts; a statewide organization
19representing school principals; the Director of Healthcare and
20Family Services or his or her designee, the State
21Superintendent of Education or his or her designee; and
22representatives of other appropriate State agencies and, at a
23minimum, must recommend the use of validated screening tools
24appropriate to the child's age or grade, and, with regard to
25the social and emotional screening, require recording only
26whether or not the screening was completed. The rules shall

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1take into consideration the screening recommendations of the
2American Academy of Pediatrics and must be consistent with the
3State Board of Education's social and emotional learning
4standards. The Department of Public Health shall specify that a
5diabetes screening as defined by rule shall be included as a
6required part of each health examination. Diabetes testing is
7not required.
8 Physicians licensed to practice medicine in all of its
9branches, licensed advanced practice nurses, or licensed
10physician assistants shall be responsible for the performance
11of the health examinations, other than dental examinations, eye
12examinations, and vision and hearing screening, and shall sign
13all report forms required by subsection (4) of this Section
14that pertain to those portions of the health examination for
15which the physician, advanced practice nurse, or physician
16assistant is responsible. If a registered nurse performs any
17part of a health examination, then a physician licensed to
18practice medicine in all of its branches must review and sign
19all required report forms. Licensed dentists shall perform all
20dental examinations and shall sign all report forms required by
21subsection (4) of this Section that pertain to the dental
22examinations. Physicians licensed to practice medicine in all
23its branches or licensed optometrists shall perform all eye
24examinations required by this Section and shall sign all report
25forms required by subsection (4) of this Section that pertain
26to the eye examination. For purposes of this Section, an eye

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1examination shall at a minimum include history, visual acuity,
2subjective refraction to best visual acuity near and far,
3internal and external examination, and a glaucoma evaluation,
4as well as any other tests or observations that in the
5professional judgment of the doctor are necessary. Vision and
6hearing screening tests, which shall not be considered
7examinations as that term is used in this Section, shall be
8conducted in accordance with rules and regulations of the
9Department of Public Health, and by individuals whom the
10Department of Public Health has certified. In these rules and
11regulations, the Department of Public Health shall require that
12individuals conducting vision screening tests give a child's
13parent or guardian written notification, before the vision
14screening is conducted, that states, "Vision screening is not a
15substitute for a complete eye and vision evaluation by an eye
16doctor. Your child is not required to undergo this vision
17screening if an optometrist or ophthalmologist has completed
18and signed a report form indicating that an examination has
19been administered within the previous 12 months."
20 (2.5) With respect to the developmental screening and the
21social and emotional screening portion of the health
22examination, each child may present proof of having been
23screened in accordance with this Section and the rules adopted
24under this Section before October 15th of the school year. With
25regard to the social and emotional screening only, the
26examining health care provider shall only record whether or not

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1the screening was completed. If the child fails to present
2proof of the developmental screening or the social and
3emotional screening portions of the health examination by
4October 15th of the school year, qualified school support
5personnel may, with a parent's or guardian's consent, offer the
6developmental screening or the social and emotional screening
7to the child. Each public, private, and parochial school must
8give notice of the developmental screening and social and
9emotional screening requirements to the parents and guardians
10of students in compliance with the rules of the Department of
11Public Health. Nothing in this Section shall be construed to
12allow a school to exclude a child from attending because of a
13parent's or guardian's failure to obtain a developmental
14screening or a social and emotional screening for the child.
15Once a developmental screening or a social and emotional
16screening is completed and proof has been presented to the
17school, the school may, with a parent's or guardian's consent,
18make available appropriate school personnel to work with the
19parent or guardian, the child, and the provider who signed the
20screening form to obtain any appropriate evaluations and
21services as indicated on the form and in other information and
22documentation provided by the parents, guardians, or provider.
23 (3) Every child shall, at or about the same time as he or
24she receives a health examination required by subsection (1) of
25this Section, present to the local school proof of having
26received such immunizations against preventable communicable

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1diseases as the Department of Public Health shall require by
2rules and regulations promulgated pursuant to this Section and
3the Communicable Disease Prevention Act.
4 (4) The individuals conducting the health examination,
5dental examination, or eye examination shall record the fact of
6having conducted the examination, and such additional
7information as required, including for a health examination
8data relating to asthma and obesity (including at a minimum,
9date of birth, gender, height, weight, blood pressure, and date
10of exam), on uniform forms which the Department of Public
11Health and the State Board of Education shall prescribe for
12statewide use. The examiner shall summarize on the report form
13any condition that he or she suspects indicates a need for
14special services, including for a health examination factors
15relating to asthma or obesity. The duty to summarize on the
16report form does not apply to social and emotional screenings.
17The confidentiality of the information and records relating to
18the developmental screening and the social and emotional
19screening shall be determined by the statutes, rules, and
20professional ethics governing the type of provider conducting
21the screening. The individuals confirming the administration
22of required immunizations shall record as indicated on the form
23that the immunizations were administered.
24 (5) If a child does not submit proof of having had either
25the health examination or the immunization as required, then
26the child shall be examined or receive the immunization, as the

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1case may be, and present proof by October 15 of the current
2school year, or by an earlier date of the current school year
3established by a school district. To establish a date before
4October 15 of the current school year for the health
5examination or immunization as required, a school district must
6give notice of the requirements of this Section 60 days prior
7to the earlier established date. If for medical reasons one or
8more of the required immunizations must be given after October
915 of the current school year, or after an earlier established
10date of the current school year, then the child shall present,
11by October 15, or by the earlier established date, a schedule
12for the administration of the immunizations and a statement of
13the medical reasons causing the delay, both the schedule and
14the statement being issued by the physician, advanced practice
15nurse, physician assistant, registered nurse, or local health
16department that will be responsible for administration of the
17remaining required immunizations. If a child does not comply by
18October 15, or by the earlier established date of the current
19school year, with the requirements of this subsection, then the
20local school authority shall exclude that child from school
21until such time as the child presents proof of having had the
22health examination as required and presents proof of having
23received those required immunizations which are medically
24possible to receive immediately. During a child's exclusion
25from school for noncompliance with this subsection, the child's
26parents or legal guardian shall be considered in violation of

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1Section 26-1 and subject to any penalty imposed by Section
226-10. This subsection (5) does not apply to dental
3examinations, eye examinations, and the developmental
4screening and the social and emotional screening portions of
5the health examination. If the student is an out-of-state
6transfer student and does not have the proof required under
7this subsection (5) before October 15 of the current year or
8whatever date is set by the school district, then he or she may
9only attend classes (i) if he or she has proof that an
10appointment for the required vaccinations has been scheduled
11with a party authorized to submit proof of the required
12vaccinations. If the proof of vaccination required under this
13subsection (5) is not submitted within 30 days after the
14student is permitted to attend classes, then the student is not
15to be permitted to attend classes until proof of the
16vaccinations has been properly submitted. No school district or
17employee of a school district shall be held liable for any
18injury or illness to another person that results from admitting
19an out-of-state transfer student to class that has an
20appointment scheduled pursuant to this subsection (5).
21 (6) Every school shall report to the State Board of
22Education by November 15, in the manner which that agency shall
23require, the number of children who have received the necessary
24immunizations and the health examination (other than a dental
25examination or eye examination) as required, indicating, of
26those who have not received the immunizations and examination

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1as required, the number of children who are exempt from health
2examination and immunization requirements on religious or
3medical grounds as provided in subsection (8). On or before
4December 1 of each year, every public school district and
5registered nonpublic school shall make publicly available the
6immunization data they are required to submit to the State
7Board of Education by November 15. The immunization data made
8publicly available must be identical to the data the school
9district or school has reported to the State Board of
10Education.
11 Every school shall report to the State Board of Education
12by June 30, in the manner that the State Board requires, the
13number of children who have received the required dental
14examination, indicating, of those who have not received the
15required dental examination, the number of children who are
16exempt from the dental examination on religious grounds as
17provided in subsection (8) of this Section and the number of
18children who have received a waiver under subsection (1.5) of
19this Section.
20 Every school shall report to the State Board of Education
21by June 30, in the manner that the State Board requires, the
22number of children who have received the required eye
23examination, indicating, of those who have not received the
24required eye examination, the number of children who are exempt
25from the eye examination as provided in subsection (8) of this
26Section, the number of children who have received a waiver

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1under subsection (1.10) of this Section, and the total number
2of children in noncompliance with the eye examination
3requirement.
4 The reported information under this subsection (6) shall be
5provided to the Department of Public Health by the State Board
6of Education.
7 (7) Upon determining that the number of pupils who are
8required to be in compliance with subsection (5) of this
9Section is below 90% of the number of pupils enrolled in the
10school district, 10% of each State aid payment made pursuant to
11Section 18-8.05 to the school district for such year may be
12withheld by the State Board of Education until the number of
13students in compliance with subsection (5) is the applicable
14specified percentage or higher.
15 (8) Children of parents or legal guardians who object to
16health, dental, or eye examinations or any part thereof, to
17immunizations, or to vision and hearing screening tests on
18religious grounds shall not be required to undergo the
19examinations, tests, or immunizations to which they so object
20if such parents or legal guardians present to the appropriate
21local school authority a signed Certificate of Religious
22Exemption detailing the grounds for objection and the specific
23immunizations, tests, or examinations to which they object. The
24grounds for objection must set forth the specific religious
25belief that conflicts with the examination, test,
26immunization, or other medical intervention. The signed

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1certificate shall also reflect the parent's or legal guardian's
2understanding of the school's exclusion policies in the case of
3a vaccine-preventable disease outbreak or exposure. The
4certificate must also be signed by the authorized examining
5health care provider responsible for the performance of the
6child's health examination confirming that the provider
7provided education to the parent or legal guardian on the
8benefits of immunization and the health risks to the student
9and to the community of the communicable diseases for which
10immunization is required in this State. However, the health
11care provider's signature on the certificate reflects only that
12education was provided and does not allow a health care
13provider grounds to determine a religious exemption. Those
14receiving immunizations required under this Code shall be
15provided with the relevant vaccine information statements that
16are required to be disseminated by the federal National
17Childhood Vaccine Injury Act of 1986, which may contain
18information on circumstances when a vaccine should not be
19administered, prior to administering a vaccine. A healthcare
20provider may consider including without limitation the
21nationally accepted recommendations from federal agencies such
22as the Advisory Committee on Immunization Practices, the
23information outlined in the relevant vaccine information
24statement, and vaccine package inserts, along with the
25healthcare provider's clinical judgment, to determine whether
26any child may be more susceptible to experiencing an adverse

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1vaccine reaction than the general population, and, if so, the
2healthcare provider may exempt the child from an immunization
3or adopt an individualized immunization schedule. The
4Certificate of Religious Exemption shall be created by the
5Department of Public Health and shall be made available and
6used by parents and legal guardians by the beginning of the
72015-2016 school year. Parents or legal guardians must submit
8the Certificate of Religious Exemption to their local school
9authority prior to entering kindergarten, sixth grade, and
10ninth grade for each child for which they are requesting an
11exemption. The religious objection stated need not be directed
12by the tenets of an established religious organization.
13However, general philosophical or moral reluctance to allow
14physical examinations, eye examinations, immunizations, vision
15and hearing screenings, or dental examinations does not provide
16a sufficient basis for an exception to statutory requirements.
17The local school authority is responsible for determining if
18the content of the Certificate of Religious Exemption
19constitutes a valid religious objection. The local school
20authority shall inform the parent or legal guardian of
21exclusion procedures, in accordance with the Department's
22rules under Part 690 of Title 77 of the Illinois Administrative
23Code, at the time the objection is presented.
24 If the physical condition of the child is such that any one
25or more of the immunizing agents should not be administered,
26the examining physician, advanced practice nurse, or physician

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1assistant responsible for the performance of the health
2examination shall endorse that fact upon the health examination
3form.
4 Exempting a child from the health, dental, or eye
5examination does not exempt the child from participation in the
6program of physical education training provided in Sections
727-5 through 27-7 of this Code.
8 (9) For the purposes of this Section, "nursery schools"
9means those nursery schools operated by elementary school
10systems or secondary level school units or institutions of
11higher learning.
12(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;
1399-249, eff. 8-3-15; 99-642, eff. 7-28-16; 99-927, eff.
146-1-17.)
15 Section 10. The Illinois Health Statistics Act is amended
16by changing Section 4 as follows:
17 (410 ILCS 520/4) (from Ch. 111 1/2, par. 5604)
18 Sec. 4. (a) In carrying out the purposes of this Act, the
19Department may:
20 (1) Collect and maintain health data on:
21 (i) The extent, nature, and impact of illness,
22 including factors relating to asthma, obesity, and
23 disability on the population of the State;
24 (ii) The determinants of health and health hazards

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1 including asthma and obesity;
2 (iii) Health resources, including the extent of
3 available manpower and resources;
4 (iv) Utilization of health care;
5 (v) Health care costs and financing;
6 (vi) Other health or health-related matters; and
7 (vii) The connection between the long-term effects
8 of childhood cancer and the original cancer diagnosis
9 and treatment.
10 (2) Undertake and support research, demonstrations,
11 and evaluations respecting new or improved methods for
12 obtaining current data on the matters referred to in
13 subparagraph (1).
14 (b) The Department may collect health data under authority
15granted by any unit of local government and on behalf of other
16governmental or not-for-profit organizations, including data
17collected by local schools and the State Board of Education
18relating to asthma and obesity on the health examination form
19required pursuant to Section 27-8.1 of the School Code. The
20data shall be de-identified and aggregated pursuant to rules
21promulgated by the Department to prevent disclosure of personal
22identifying information.
23 (c) The Department shall collect data only on a voluntary
24basis from individuals and organizations, except when there is
25specific legal authority to compel the mandatory reporting of
26the health data so requested. In making any collection of

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1health data from an individual or organization the Department
2must give to such individual or organization a written
3statement which states:
4 (1) Whether the individual or organization is required
5 to respond, and any sanctions for noncompliance;
6 (2) The purposes for which the health data are being
7 collected; and
8 (3) In the case of any disclosure of identifiable
9 health data for other than research and statistical
10 purposes, the items to be disclosed, to whom the data are
11 to be disclosed and the purposes for which the data are to
12 be disclosed.
13 (d) Except as provided in Section 5, no health data
14obtained in the course of activities undertaken or supported
15under this Act may be used for any purpose other than the
16purpose for which they were supplied or for which the
17individual or organization described in the data has otherwise
18consented.
19 (e) The Department shall take such actions as may be
20necessary to assure that statistics developed under this Act
21are of high quality, timely, comprehensive, as well as
22specific, standardized and adequately analyzed and indexed.
23 (f) The Department shall take such action as is appropriate
24to effect the coordination of health data activities, including
25health data specifically relating to obesity collected
26pursuant to Section 27-8.1 of the School Code, within the State

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1to eliminate unnecessary duplication of data collection and
2maximize the usefulness of data collected.
3 (g) The Department shall (1) participate with state, local
4and federal agencies in the design and implementation of a
5cooperative system for producing comparable and uniform health
6information and statistics at the federal, state, and local
7levels; and (2) undertake and support research, development,
8demonstrations, and evaluations respecting such cooperative
9system.
10(Source: P.A. 98-891, eff. 1-1-15.)
11 Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
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