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§ 105 ILCS 5/27-8.1. Health examinations and immunizations



Statute text


Sec. 27-8.1. Health examinations and immunizations.

(1) In compliance with rules and regulations which the Department of Public Health shall promulgate, and except as hereinafter provided, all children in Illinois shall have a health examination as follows: within one year prior to entering kindergarten or the first grade of any public, private, or parochial elementary school; upon entering the fifth and ninth grades of any public, private, or parochial school; prior to entrance into any public, private, or parochial nursery school; and, irrespective of grade, immediately prior to or upon entrance into any public, private, or parochial school or nursery school, each child shall present proof of having been examined in accordance with this Section and the rules and regulations promulgated hereunder. A tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis. Additional health examinations of pupils, including dental and vision examinations, may be required when deemed necessary by school authorities. Parents are encouraged to have their children undergo dental examinations at the same points in time required for health examinations.

(2) The Department of Public Health shall promulgate rules and regulations specifying the examinations and procedures that constitute a health examination and may recommend by rule that certain additional examinations be performed. The rules and regulations of the Department of Public Health shall specify that a tuberculosis skin test screening shall be included as a required part of each health examination included under this Section if the child resides in an area designated by the Department of Public Health as having a high incidence of tuberculosis.

Physicians licensed to practice medicine in all of its branches shall be responsible for the performance of the health examinations, other than dental examinations and vision and hearing screening, and shall sign all report forms required by subsection (4) of this Section that pertain to those portions of the health examination for which the physician is responsible. If a registered nurse performs any part of a health examination, then a physician licensed to practice medicine in all of its branches must review and sign all required report forms. Licensed dentists shall perform all dental examinations and shall sign all report forms required by subsection (4) of this Section that pertain to the dental examinations. Physicians licensed to practice medicine in all its branches, or licensed optometrists, shall perform all vision exams required by school authorities and shall sign all report forms required by subsection (4) of this Section that pertain to the vision exam. Vision and hearing screening tests, which shall not be considered examinations as that term is used in this Section, shall be conducted in accordance with rules and regulations of the Department of Public Health, and by individuals whom the Department of Public Health has certified.

(3) Every child shall, at or about the same time as he or she receives a health examination required by subsection (1) of this Section, present to the local school, proof of having received such immunizations against preventable communicable diseases as the Department of Public Health shall require by rules and regulations promulgated pursuant to this Section and the Communicable Disease Prevention Act [410 ILCS 315/0.01 et seq.].

(4) The individuals conducting the health examination shall record the fact of having conducted the examination, and such additional information as required, on uniform forms which the Department of Public Health and the State Board of Education shall prescribe for statewide use. The examiner shall summarize on the report form any condition that he or she suspects indicates a need for special services. The individuals confirming the administration of required immunizations shall record as indicated on the form that the immunizations were administered.

(5) If a child does not submit proof of having had either the health examination or the immunization as required, then the child shall be examined or receive the immunization, as the case may be, and present proof by October 15 of the current school year, or by an earlier date of the current school year established by a school district. To establish a date before October 15 of the current school year for the health examination or immunization as required, a school district must give notice of the requirements of this Section 60 days prior to the earlier established date. If for medical reasons one or more of the required immunizations must be given after October 15 of the current school year, or after an earlier established date of the current school year, then the child shall present, by October 15, or by the earlier established date, a schedule for the administration of the immunizations and a statement of the medical reasons causing the delay, both the schedule and the statement being issued by the physician, registered nurse, or local health department that will be responsible for administration of the remaining required immunizations. If a child does not comply by October 15, or by the earlier established date of the current school year, with the requirements of this subsection, then the local school authority shall exclude that child from school until such time as the child presents proof of having had the health examination as required and presents proof of having received those required immunizations which are medically possible to receive immediately. During a child's exclusion from school for noncompliance with this subsection, the child's parents or legal guardian shall be considered in violation of Section 26-1 [105 ILCS 5/26-1] and subject to any penalty imposed by Section 26-10 [105 ILCS 5/26-10].

(6) Every school shall report to the State Board of Education by November 15, in the manner which that agency shall require, the number of children who have received the necessary immunizations and the health examination as required, indicating, of those who have not received the immunizations and examination as required, the number of children who are exempt from health examination and immunization requirements on religious or medical grounds as provided in subsection (8). This reported information shall be provided to the Department of Public Health by the State Board of Education.

(7) Upon determining that the number of pupils who are required to be in compliance with subsection (5) of this Section is below 90% of the number of pupils enrolled in the school district, 10% of each State aid payment made pursuant to Section 18-8 [105 ILCS 5/18-8] to the school district for such year shall be withheld by the regional superintendent until the number of students in compliance with subsection (5) is the applicable specified percentage or higher.

(8) Parents or legal guardians who object to health examinations or any part thereof, or to immunizations, on religious grounds shall not be required to submit their children or wards to the examinations or immunizations to which they so object if such parents or legal guardians present to the appropriate local school authority a signed statement of objection, detailing the grounds for the objection. If the physical condition of the child is such that any one or more of the immunizing agents should not be administered, the examining physician responsible for the performance of the health examination shall endorse that fact upon the health examination form. Exempting a child from the health examination does not exempt the child from participation in the program of physical education training provided in Sections 27-5 through 27-7 of this Code [105 ILCS 5/27-5 through 105 ILCS 5/27-7].

(9) For the purposes of this Section, "nursery schools" means those nursery schools operated by elementary school systems or secondary level school units or institutions of higher learning.


History

(Source: P.A. 85-351; 88-149, § 1; 89-618, § 20; 89-626, § 3-17; 91-357, § 101.)

Annotations Note.

This section was Ill.Rev.Stat., Ch. 122, Para. 27-8.1.
P.A. 91-357, § 996, contains a "no acceleration or delay" provision, and P.A. 91-357, § 997, contains "no revival or extension" provision.
Illinois Administrative Code.

See 77 Illinois Administrative Code, § 615.300, 89 Illinois Administrative Code, §§ 406.14, 408.70, 23 Illinois Administrative Code, §§ 625.10, 407.310, 665.100, 452.10, 830.50.

Effect of Amendments. The 1993 amendment by P.A. 88-149, effective January 1, 1994, in subsection (1) added the second and fourth sentences; in subsection (2) added the proviso at the end of the first sentence, in the second sentence substituted "the physician" for "he", in the third sentence substituted "a health examination" for "an examination", in the fourth sentence substituted the first instance of "examinations" for "exams" and the second instance of "examinations" for "exam", and in the fifth sentence substituted "pertain" for "pertains"; in subsection (3) substituted "the Communicable Disease Prevention Act" for "'An Act in relation to the prevention of certain communicable diseases approved July 5, 1967, as amended"; and in subsection (8), in the first sentence substituted "the examinations" for "health examinations", inserted "to which they so object" and substituted "the objection" for "such objection" and in the second sentence substituted "that fact" for "such fact".

The 1996 amendment by P.A. 89-618, effective August 9, 1996, in subsection (2), in the first paragraph, in the first sentence, substituted "that constitute" for "which shall constitute" and substituted a period for "provided that" and in the second paragraph, in the first sentence substituted "that pertain" for "which pertain", in the third sentence substituted "(4)" for "4" and substituted "that pertain" for "which pertains", in the fourth sentence deleted "which may be" preceding "required by", substituted "(4)" for "4" and substituted "that pertain" for "which pertain" and in the fifth sentence substituted "whom the" for "which the"; in subsection (3), inserted "or she"; in subsection (4), in the second sentence, substituted "that he or she" for "which he"; in subsection (5), in the first sentence, substituted "or by an earlier date of the current school year established by a school district" for "provided", added the second sentence, in the third sentence inserted "or after an earlier established date of the current school year", inserted "or by the earlier established date" and inserted a comma after "nurse" and in the fourth sentence inserted "or by the earlier established date" inserted a comma after "school year" and deleted a comma after "as required"; in subsection (6), in the first sentence, substituted "November" for "October"; in subsection (7) deleted "is below 80% of the number of pupils enrolled in the school district see October 15, 1980, or" preceding "is below 90%" and deleted "on October 15, 1981 or any subsequent year" preceding "10%"; and in subsection (8), in the third sentence, substituted "the child" for "him".

The 1996 amendment by P.A. 89-626, effective August 9, 1996, added a comma following "private" preceding "or parochial" twice and deleted a comma after "parochial school" in subsection (1); in subsection (2) in the first sentence substituted "that" for "which shall" preceding "constitute a health" and substituted a period for "provided, that"; made a minor punctuation change and in the second paragraph, in the first sentence substituted "that" for "which" preceding "pertain to those", in the third sentence substituted "subsection (4) of this Section that pertain" for "subsection 4 of this Section, which pertains", in the fourth sentence deleted "which may be" preceding "required by school" and in the fifth sentence substituted "subsection (4) of this Section that" for "subsection 4 of this Section which" and substituted "whom" for "which" preceding "the Department of Public"; inserted "or she" in subsection (3); substituted "that he or she" for "which he" in the second sentence of subsection (4); added a comma following "nurse" in the first sentence of subsection (5); and substituted "the child" for "him" in the third sentence of subsection (8).

The 1999 amendment by P.A. 91-357, effective July 29, 1999, substituted "Parents or legal guardians who object" for "Children whose parents or legal guardians object" at the beginning of subsection (8) and made stylistic changes.


CASE NOTES



Vaccination Requirement

Resolution of Board of Health forbidding admission of unvaccinated children to school for two weeks during smallpox epidemic was authorized by a similar prior provision, and, further, was not violative of Ill. Const. (1870), Art. VIII, § 1, which provided for system of free schools. Hagler v. Larner, 284 Ill. 547, 120 N.E. 575 (1918).

OPINIONS OF ATTORNEY GENERAL



Department Authority


- Religious Objections

The Department of Public Health had authority to promulgate a rule which required non-immunized school children whose parents or legal guardians object to measles immunization on religious grounds to be excluded from school attendance for a twenty-one day period following an outbreak of measles in the school and is not an unconstitutional restriction on the free exercise of religion protected by U.S. Const., Amend. I. 1983 Op. Atty. Gen. 67.