The new exception follows:The following exemption was removed from section 27-8.1 of the School Code:
Parents or legal guardians who object to health, dental, or eye 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.
1) The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his or her religious tenets or practices, orb) If a religious objection is made, a written and signed statement from the parent or legal guardian detailing such objections must be presented to the child care facility or local school authority. The religious objection statement shall be considered valid if:
2) A physician licensed to practice medicine in all its branches states in writing that the physical condition of the child is such that the administration of one or more of the required immunizing agents is medically contraindicated.
1) The parent or guardian of a child entering a child care facility objects to the immunization(s) on the grounds that they conflict with the tenets and practices of a recognized church or religious organization of which the parent is an adherent or member; orc) It is not the intent of this Part that any child whose parents comply with the intent of this Act should be excluded from a child care facility or school. A child or student shall be considered to be in compliance with the law if there is evidence of the intent to comply. Such evidence may be a signed statement from the physician that he has begun, or will begin, the necessary immunization procedures, or the parent's or guardian's written consent for the child's participation in a school or other community immunization program."
2) The objection by the parent or guardian of a child entering school (including programs under the kindergarten level) sets forth the specific religious belief which conflicts with the immunization(s). The religious objection may be personal and need not be directed by the tenets of an established religious organization.
For more discussion see: http://www.vaccineawareness.org/IllinoisIssues/AllowableVaccineExemptions.htm
Section 27-8.1 set forth here requires all children to present proof of their vaccinations to their own school, whether public or private. Currently, Section 26-1 of the School Code requires all children in Illinois to attend a public school unless they attend a private school. A homeschool is considered to be a private school. Note: in 2002, the State proposed an amendment to section 26-1 which stated that parents would have to supply their local public school with evidence of vaccinations when the child is privately enrolled. This proposed amendment was withdrawn and not enacted into law.Illinois School Code
(105 ILCS 5/27-8.1) (Prior to 2015)
(410 ILCS 315/0.01) Sec. 0.01. Short title. This Act may be cited as the Communicable Disease Prevention Act. (Source: P.A. 86-1324.)
(410 ILCS 315/1) Sec. 1. Certain communicable diseases such as measles, poliomyelitis and tetanus, may and do result in serious physical and mental disability including mental retardation, permanent paralysis, encephalitis, convulsions, pneumonia, and not infrequently, death. Most of these diseases attack young children, and if they have not been immunized, may spread to other susceptible children and possibly, adults, thus, posing serious threats to the health of the community. Effective, safe and widely used vaccines and immunization procedures have been developed and are available to prevent these diseases and to limit their spread. Even though such immunization procedures are available, many children fail to receive this protection either through parental oversight, lack of concern, knowledge or interest, or lack of available facilities or funds. The existence of susceptible children in the community constitutes a health hazard to the individual and to the public at large by serving as a focus for the spread of these communicable diseases. It is declared to be the public policy of this State that all children shall be protected, as soon after birth as medically indicated, by the appropriate vaccines and immunizing procedures to prevent communicable diseases which are or which may in the future become preventable by immunization. (Source: P.A. 78-255; 78-303; 78-1297.)
(410 ILCS 315/2) Sec. 2. The Department of Public Health shall promulgate rules and regulations requiring immunization of children against preventable communicable diseases designated by the Director. Before any regulation or amendment thereto is prescribed, the Department shall conduct a public hearing regarding such regulation. In addition, before any regulation or any amendment to a regulation is adopted, and after the Immunization Advisory Committee has made its recommendations, the State Board of Health shall conduct 3 public hearings, geographically distributed throughout the State, regarding the regulation or amendment to the regulation. At the conclusion of the hearings, the State Board of Health shall issue a report, including its recommendations, to the Director. The Director shall take into consideration any comments or recommendations made by the Board based on these hearings. The Department may prescribe additional rules and regulations for immunization of other diseases as vaccines are developed. The provisions of this Act shall not apply if:
1. The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices or,(Source: P.A. 90-607, eff. 6-30-98.)
2. A physician employed by the parent or guardian to provide care and treatment to the child states that the physical condition of the child is such that the administration of one or more of the required immunizing agents would be detrimental to the health of the child.
(410 ILCS 315/2a) Sec. 2a. Whenever a child of school age is reported to the Illinois Department of Public Health or a local health department as having been diagnosed as having acquired immune deficiency syndrome (AIDS) or AIDS-related complex (ARC) or as having been shown to have been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of AIDS by testing positive on a Western Blot Assay or more reliable test, such department shall give prompt and confidential notice of the identity of the child to the principal of the school in which the child is enrolled. If the child is enrolled in a public school, the principal shall disclose the identity of the child to the superintendent of the school district in which the child resides. The principal may, as necessary, disclose the identity of an infected child to:
(1) the school nurse at that school;(Source: P.A. 85-1399.)
(2) the classroom teachers in whose classes the child is enrolled; and
(3) those persons who, pursuant to federal or state law, are required to decide the placement or educational program of the child. In addition, the principal may inform such other persons as may be necessary that an infected child is enrolled at that school, so long as the child's identity is not revealed.
(410 ILCS 315/2b) Sec. 2b. From funds appropriated from the Ryan White AIDS Victims Assistance Fund, a special fund in the State treasury which is hereby created, the Illinois Department of Public Health shall make grants to public and private agencies for direct patient care, counselling or assistance for persons who are victims of acquired immunodeficiency syndrome (AIDS) or acquired immunodeficiency syndrome related complex (ARC). (Source: P.A. 87-342.)
(410 ILCS 315/2c) Sec. 2c. (Repealed). (Source: P.A. 88-669, eff. 11-29-94. Repealed by P.A. 92-790, eff. 8-6-02.)
(410 ILCS 315/2d) Sec. 2d. The Illinois Department of Public Health may pay for health insurance coverage with funds appropriated for this purpose on behalf of persons who are infected with the human immunodeficiency virus (HIV) and are eligible for "continuation coverage" as provided by the federal Consolidated Omnibus Budget Reconciliation Act of 1985 or group health insurance policies. The Illinois Department of Public Health shall adopt rules to establish income eligibility requirements for participation in this health insurance coverage program. The Illinois Department of Public Health shall also adopt rules and regulations to administer this program that are in compliance with the requirements of the federal Ryan White Comprehensive AIDS Resources Emergency Act of 1990. (Source: P.A. 92-275, eff. 8-7-01.)
(410 ILCS 315/3) Sec. 3. The provisions of the Illinois
Administrative Procedure Act are hereby expressly adopted and
shall apply to all administrative rules and procedures of the
Department of Public Health under this Act, except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any
rule required by federal law in connection with which the
Department is precluded by law from exercising any discretion.
(Source: P.A. 88-45.)
Gov. Ryan signed into law SB 1305, which removes the Department of Children and Family Services' regulation of medical neglect for parents who choose to delay vaccination, fail or refuse to vaccinate their children based on medical or religious exemptions. As determined in the House floor debate, SB 1305's legislative intent, also, includes families who delay or refuse vaccination for their children's developmental problems, e.g., Down Syndrome, CP, autism, or other illnesses.
With SB 1305, doctors are free to advocate different vaccination schedules than recommended by medical societies for developmental issues or minor illnesses without writing a medical exemption.
This bill is not to be confused with SB 1304 which Governor Ryan vetoed. SB1304 would have limited the conflict of interest between Immunization Advisory Committee (IAC) members and vaccine manufacturers (see below). The governor received letters in July from individual IAC members upset with the legislature's intent to limit membership in the committee to individuals not having financial ties to pharmaceutical companies. Vetoing the bill, he ignored the endorsement of the Illinois House and Senate, which voted unanimously in the bill's favor. The bill's sponsors intended on bringing the bill back in the fall veto session where a 2/3's majority vote will override the governor's veto, but no such bill passed.
This bill would have provided that a person is ineligible to serve on the Illinois Immunization Advisory Committee if the person or his spouse is an officer, employee, or agent of, or has any ownership or other financial interest in a pharmaceutical company that manufactures vaccines. It also would have prohibited Committee members or their spouses from soliciting or accepting anything of value or any other economic benefit from a pharmaceutical company that manufactures or produces vaccines unless it is offered and available generally to licensed physicians or the public.
AN ACT in relation to minors.2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:4 Section 5. The Adoption Act is amended by changing
5 Section 1 as follows:6 (750 ILCS 50/1) (from Ch. 40, par. 1501)
7 Sec. 1. Definitions. When used in this Act, unless the
8 context otherwise requires:
31 Q. "Neglected child" means any child whose parent or[The underlined portion was in the original bill enacted by the legislature.
32 other person responsible for the child's welfare withholds or
33 denies nourishment or medically indicated treatment including
34 food or care denied solely on the basis of the present or1 anticipated mental or physical impairment as determined by a
2 physician acting alone or in consultation with other
3 physicians or otherwise does not provide the proper or
4 necessary support, education as required by law, or medical
5 or other remedial care recognized under State law as
6 necessary for a child's well-being, or other care necessary
7 for his or her well-being, including adequate food, clothing
8 and shelter; or who is abandoned by his or her parents or
9 other person responsible for the child's welfare.
10 A child shall not be considered neglected or abused for
11 the sole reason that the child's parent or other person
12 responsible for his or her welfare depends upon spiritual
13 means through prayer alone for the treatment or cure of
14 disease or remedial care as provided under Section 4 of the
15 Abused and Neglected Child Reporting Act. A child shall not
16 be considered neglected or abused for the sole reason that
17 the child's parent or other person responsible for the
18 child's welfare failed to vaccinate, delayed vaccination, or
19 refused vaccination for the child due to a waiver on
20 religious or medical grounds as permitted by the law.
[Note that a different definition of "Neglected" is found in the Juvenile Court Act.]
(705 ILCS 405/2-3)Note that a different definition of "Neglected Child" is found in the Abused and Neglected Child Reporting Act, which lists several exceptions, but as of yet did not exclude vaccinations.
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age who is not receiving the
proper or necessary support, education as required by law, or
medical or other remedial care recognized under State law as
necessary for a minor's well-being, or other care necessary for his
or her well-being, including adequate food, clothing and shelter, or
who is abandoned by his or her parents or other person responsible
for the minor's welfare, except that a minor shall not be considered
neglected for the sole reason that the minor's parent or other
person responsible for the minor's welfare has left the minor in the
care of an adult relative for any period of time;
SECTION 665.220 LOCAL SCHOOL AUTHORITY
Local school authority is defined as that person having ultimate
control and responsibility for any public, private/independent and
parochial elementary or secondary school or attendance center or
nursery school operated by an elementary or secondary school or
institution of higher learning.
(Source: Amended at 18 Ill. Reg. 4296, effective March 5, 1994)
SECTION 665.230 SCHOOL ENTRANCE
1. Every child, prior to enrolling in any public,
private/independent or parochial school (includes nursery schools,
pre-school programs, early childhood programs, Head Start, or
other pre-kindergarten child care programs offered or operated by
a school or school district) in Illinois shall present to that
school proof of immunity against:
1. Diphtheria
2. Pertussis
3. Tetanus
4. Poliomyelitis
5. Measles
6. Rubella
7. Mumps
8. Haemophilus
influenzae type b (as noted in Section 665.240(f))
9. Hepatitis B
(as noted in Section 665.240(g))
10. Varicella (as noted
in Section 665.240(h))
2. The health care provider verifying the
administration of the required immunization shall record as
indicated on the Certificate of Child Health Examination that the
immunizations were administered.
3. Any child who does not submit proof of having
protection by immunity as required must receive the needed
vaccine. If for medical reasons one or more of the required
immunizations must be given after the date of entrance of the
current school year, a schedule for the administration of the
immunizations and a statement of the medical reasons causing the
delay must be signed by the health care provider who will
administer the needed immunizations and be kept on file at the
local school.
(Source: Amended at 26 Ill. Reg. 5921, effective July 1, 2002)
SECTION 665.240 BASIC IMMUNIZATION
1. Diphtheria, Pertussis, Tetanus
1. Any child 2
years of age or older entering a school program (defined as
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) must show proof (see
Section 665.250(b)) of having received 4 or more doses of
Diphtheria, Tetanus, Pertussis (DTP or DTaP) vaccine. The first 3
doses in the series must have been received no less than 4 weeks
(28 days) apart. The interval between the third and fourth or
final dose must be at least 6 months.
2. Any child
entering school, kindergarten or first grade, for the first time
must show proof (see Section 665.250(b)) of having received 4 or
more doses of Diphtheria, Tetanus, Pertussis (DTP or DTaP) vaccine
with the last dose being a booster and having been received on or
after the fourth birthday. The first 3 doses in the series must
have been received no less than 4 weeks (28 days) apart. The
interval between the third and fourth or final dose must be at
least 6 months. Children 6 years of age and older may receive
Tetanus, Diphtheria (Td) vaccine in lieu of DTP or DTaP vaccine.
Pertussis vaccine is not medically recommended for children 7
years of age or older.
3. Any child
entering school at a grade level not included in subsection (a)(1)
or (2) of this Section must show proof (see Section 665.250(b)) of
receiving 3 or more doses of DTP, DTaP, pediatric DT or adult
Tetanus, Diphtheria (Td) with the last dose being a booster and
having been received on or after the fourth birthday. The first 2
doses in the series must have been received no less than 4 weeks
(28 days) apart. The interval between the second and third or
final doses must be at least 6 months.
4. Receipt of
pediatric Diphtheria Tetanus (DT) vaccine in lieu of DTP or DTaP
is acceptable only if the pertussis component of the vaccine is
medically containdicated. Documentation of the medical
containdication must be verified as specified in Section 665.520.
5. If 10 years
have elapsed since the last booster, an additional Td booster is
required. Receipt of Tetanus Toxoid (T.T.) vaccine is not
acceptable in fulfilling this requirement.
2. Polio
1. Any child 2
years of age or older entering a school program (defined as
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) must show proof (see
Section 665.250(b)) of having received 3 or more doses of polio
vaccine (defined as oral poliovirus vaccine (OPV) or inactivated
poliovirus vaccine (IPV)). Doses in the series must have been
received no less than 4 weeks (28 days) apart.
2. Any child
entering school at any grade level, K-12, must show proof (see
Section 665.250(b)) of having received 3 or more doses of polio
vaccine (defined as oral poliovirus vaccine (OPV) or inactivated
poliovirus vaccine (IPV)). A child who received any combination of
IPV and OPV must show proof of having received at least 4 doses,
with the last dose having been received on or after the fourth
birthday. Doses in the series must have been received no less than
4 weeks (28 days) apart. A child who received IPV exclusively or
OPV exclusively must show proof of having received at least 3
doses, with the last dose having been received on or after the
fourth birthday. Doses in the series must have been received no
less than 4 weeks (28 days) apart.
3. Measles
1. Any child 2
years of age or older entering a school program (defined as
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) must show proof (see
Section 665.250(b)) of having received one dose of live measles
virus vaccine on or after the first birthday, or other proof of
immunity described in Section 665.250(c).
2. Children
entering at any grade level, K-12, must show evidence of having
received 2 doses of live measles virus vaccine, the first dose on
or after the first birthday and the second dose no less than 4
weeks (28 days) after the first or other proof of immunity
described in Section 665.250(c).
3. For students
attending school programs where grade levels (K-12) are not
assigned, including special education programs, proof of 2 doses
of live measles virus vaccine as described in subsection (c)(2) of
this Section shall be submitted prior to the school year in which
the child reaches the ages of 5, 10, and 15.
4. Rubella Any child 2 years of age or older entering
a school program at any grade level, including nursery schools,
pre-school programs, early childhood programs, Head Start, or
other pre-kindergarten child care programs offered or operated by
a school or school district, must show proof (see Section
665.250(b)) of receiving at least one dose of rubella vaccine on
or after the first birthday. Proof of disease is not acceptable
unless laboratory evidence of rubella immunity is presented (see
Section 665.250(d)).
5. Mumps Any child 2 years of age or older entering a
school program at any grade level, including nursery schools,
pre-school programs, early childhood programs, Head Start, or
other pre-kindergarten child care programs offered or operated by
a school or school district, must show proof (see Section
665.250(b)) of receiving at least one dose of mumps vaccine on or
after the first birthday. Proof of disease, if verified by a
physician licensed to practice medicine in all of its branches, or
laboratory evidence of mumps immunity may be substituted for proof
of vaccination (see Section 665.250(e)).
6. Haemophilus influenzae type b (Hib)
1. Any child 2
years of age or older entering a school program (defined as
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) must show proof of
immunization that complies with the Hib vaccination schedule in
Appendix B of this Part.
2. Children 24-59
months of age who have not received the primary series of Hib
vaccine, according to the Hib vaccination schedule, must show
proof of receiving one dose of Hib vaccine at 15 months of age or
older.
3. Any child 5
years of age or older shall not be required to provide proof of
immunization with Hib vaccine.
7. Hepatitis B
1. Any child 2
years of age or older entering a school program (defined as
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) must show proof (see
Section 665.250(b)) of having received 3 doses of hepatitis B
vaccine. The first 2 doses must have been received no less than 4
weeks (28 days) apart. The interval between the second and third
dose must be at least 2 months. For children entering a school
program for the first time on or after July 1, 2002, the interval
between the first dose and the third dose must be at least 4
months. The third dose must have been administered on or after 6
months of age. Proof of prior or current infection, if verified by
laboratory evidence, may be substituted for proof of vaccination
(see Section 665.250(f)).
2. Children
entering the fifth grade for the first time between July 1997 and
June 30, 2002 must show evidence of having received 3 doses of
hepatitis B vaccine. The first 2 doses must have been received no
less than 4 weeks (28 days) apart. The interval between the second
and third dose must be at least 2 months. Proof of prior or
current infection, if verified by laboratory evidence, may be
submitted for proof of vaccination (see Section 665.250(f)).
3. Children
entering the fifth grade for the first time on or after July 1,
2002 must show evidence of having received 3 doses of hepatitis B
vaccine, or other proof of immunity described in Section
665.250(f). The first 2 doses must have been received no less than
4 weeks (28 days) apart. The interval between the second and third
dose must be at least 2 months. The interval between the first and
third dose must be at least 4 months. Proof of prior or current
infection, if verified by laboratory evidence, may be submitted
for proof of vaccination (see Section 665.250(f)).
4. The third dose
of hepatitis B vaccine is not required if it can be documented
that the child received 2 doses of adult formulation Recombivax-HB
vaccine (10 mcg) and was 11-15 years of age at the time of vaccine
administration, and the interval between receipt of the 2 doses
was at least 4 months.
8. Varicella
1. Any child 2
years of age or older entering a school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergrten child care programs offered or operated by a
school or school district) for the first time on or after July 1,
2002, must show proof (see Section 665.250(b)) of having received
one dose of varicella vaccine on or after the first birthday,
proof of prior varicella disease as described in Section
665.250(g), or laboratory evidence of varicella immunity.
2. Children
entering kindergarten for the first time on or after July 1, 2002,
must show proof of having received at least one dose of varicella
vaccine on or after the first birthday, proof of prior varicella
disease as described in Section 665.250(g), or laboratory evidence
of varicella immunity.
3. For students
attending school programs where grade levels are not assigned,
proof of having received at least one dose of varicella vaccine on
or after the first birthday or other proof of immunity as
described in subsection (h)(2) of this Section shall be submitted
prior to the school year in which the child reaches the age of 5.
(Source: Amended at 26 Ill. Reg. 10689, effective July 1, 2002)
SECTION 665.250 PROOF OF IMMUNITY
1. Proof of immunity shall consist of documented
evidence of the child having received a vaccine (verified by a
health care provider, defined as a physician, child care or school
health professional, or health official) or proof of disease (as
described in subsections (c) through (f)). As used in this
Section, "physician" (see Section 665.130) means a physician
licensed to practice medicine in all of its branches (M.D., D.O.).
2. Day and month is required if it cannot otherwise
be determined that the vaccine was given after the minimum
interval or age.
3. Proof of prior measles disease must be verified
with date of illness signed by a physician or laboratory evidence
of measles immunity. A diagnosis of measles disease made by a
physician on or after July 1, 2002 must be confirmed by laboratory
evidence.
4. The only acceptable proof of immunity for rubella
is evidence of vaccine (dates, see subsection (b)) or laboratory
evidence of rubella immunity.
5. Proof of prior mumps disease must be verified with
date of illness signed by a physician or laboratory evidence of
mumps immunity.
6. Proof of prior or current hepatitis B infection
must be verified by laboratory evidence. Laboratory evidence of
prior or current hepatitis B infection is only acceptable if one
of the following serologic tests indicates positivity: HBsAg,
anti-HBc and/or anti-HBs.
7. Proof of prior varicella disease must be verified
with:
1. date of
illness signed by a physician; or
2. a health care
provider's interpretation that a parent's or legal guardian's
description of varicella disease history is indicative of past
infection; or
3. laboratory
evidence of varicella immunity.
(Source: Amended at 26 Ill. Reg. 10689, effective July 1, 2002)
SECTION 665.260 BOOSTER IMMUNIZATIONS
Those booster immunizations prescribed in Section 665.240 are
required.
SECTION 665.270 COMPLIANCE WITH THE LAW
A child shall be considered in compliance with the law if all
immunizations which a child can medically receive are given prior
to entering school and a signed statement from a health care
provider is presented indicating when the remaining medically
indicated immunization will be received. Immunization schedules
must be monitored by local school authorities to assure completion
of the immunization schedule. If a child is delinquent for a
scheduled appointment for immunization he/she is no longer
considered to be in compliance.
SECTION 665.280 PHYSICIAN STATEMENT OF IMMUNITY
A physician licensed to practice medicine in all of its branches,
who believes a child to be protected against a disease for which
immunization is required may so indicate in writing, stating the
reasons, and certify that he/she believes the specific
immunization in question is not necessary or indicated. Such a
statement should be attached to the child's school health record
and accepted as satisfying the medical exception provision of the
regulation for that immunization. These statements of lack of
medical need will be reviewed by the Department with appropriate
medical consultation. After review, if student is no longer
considered to be in compliance, the student is subject to the
exclusion provision of the law.
(Source: Amended at 18 Ill. Reg. 4296, effective March 5, 1994)
SECTION 665.290 LIST OF NON-IMMUNIZED STUDENTS
An accurate list shall be maintained at every attendance center of
all children who have not presented evidence of immunity against
diphtheria, pertussis (to age 6), tetanus, poliomyelitis, measles,
rubella, mumps, Haemophilus influenzae type b (as noted in Section
665.240(f)), hepatitis B (as noted in Section 665.240(g)).
(Source: Added at 26 Ill. Reg. 10689, effective July 1, 2002)
SECTION 665.510 OBJECTION OF PARENT OR LEGAL GUARDIAN
Parent or legal guardian of a student may object to health
examinations, immunizations, vision and hearing screening tests,
and dental health examinations for their children on religious
grounds. If a religious objection is made, a written and signed
statement from the parent or legal guardian detailing such
objections must be presented to the local school authority. The
objection must set forth the specific religious belief which
conflicts with the examination, immunization or other medical
intervention. The religious objection may be personal and need not
be directed by the tenets of an established religious
organization. General philosophical or moral reluctance to allow
physical examinations, immunizations, vision and hearing
screening, and dental examinations will not provide a sufficient
basis for an exception to statutory requirements. The local school
authority is responsible for determining whether the written
statement constitutes a valid religious objection. The parent or
legal guardian must be informed by the local school authority of
measles outbreak control exclusion procedures in accordance with
the Department's rules, Control of Communicable Diseases Code (77
Ill. Adm. Code 690) at the time such objection is presented.
(Source: Amended at 20 Ill. Reg. 11950, effective August 15, 1996)
SECTION 665.520
MEDICAL OBJECTION
1. Any medical objection to an immunization must be:
1. Made by a
physician licensed to practice medicine in all its branches
indicating what the medical condition is,
2. Endorsed and
signed by the physician on the certificate of child health
examination and placed on file in the child's permanent record.
2. Should the condition of the child later permit
immunization, this requirement will then have to be met. Parents
or legal guardians must be informed of measles outbreak control
exclusion procedures when such objection is presented per Section
665.510.
SECTION 665.APPENDIX B VACCINATION SCHEDULE FOR HAEMOPHILUS
INFLUENZAE TYPE B CONJUGATE VACCINES (HIB)
Vaccination Schedule for Haemophilus influenzae type b Conjugate
Vaccines (Hib)
Note: Vaccines are interchangeable. Any combination of 3 doses of
conjugate vaccine constitutes a primary series. Similarily, a
DTP/Hib combination vaccine can be used in place of HbOC or PRP-T.
GRAPHIC MATERIAL
See printed copy of IAC for detail
1. Minimimally acceptable interval between doses is
one month.
2. At least 2 months after previous dose.
3. After the primary infant Hib vaccine series is
completed, any of the licensed Hib conjugate vaccines may be used
as a booster dose.
4. Children 15-59 months of age should receive only a
single dose of Hib vaccine.
R Registered name
(Source: Amended at 26 Ill. Reg. 10689, effective July 1, 2002)
New rules effective July 1, 2002
(includes varicella or chicken pox)
http://www.idph.state.il.us/rulesregs/77-695adopted.pdf
The old rules follow:
SECTION 695.10 BASIC IMMUNIZATION
SECTION 695.20 BOOSTER IMMUNIZATIONS
SECTION 695.30 EXCEPTIONS
SECTION 695.40 LIST OF NON -IMMUNIZED CHILD CARE FACILITY
ATTENDEES OR STUDENTS
SECTION 695.50 PROOF OF IMMUNITY
SECTION 695.APPENDIX A VACCINATION SCHEDULE FOR HAEMOPHILUS
INFLUENZAE TYPE B CONJUGATE VACCINES (HIB)
AUTHORITY: Implementing and authorized by the Communicable Disease Prevention Act [410 ILCS 315], Section 27-8.1 of the School Code [105 ILCS 5/27-8.1], and Section 7 of the Child Care Act of 1969 [225 ILCS 10/7].
SOURCE: Emergency amendment effective June 23, 1977; emergency amendment at 3 Ill. Reg. 14, p. 88, effective March 21, 1979, for a maximum of 150 days; amended at 3 Ill. Reg. 52, p. 134, effective December 17, 1979; codified at 8 Ill. Reg. 4512; amended at 11 Ill. Reg. 11799, effective June 29, 1987; emergency amendment at 14 Ill. Reg. 5890, effective March 30, 1990, for a maximum of 150 days; amended at 14 Ill. Reg. 14562, effective August 27, 1990; amended at 15 Ill. Reg. 7712, effective May 1, 1991; amended at 17 Ill. Reg. 2975, effective February 11, 1993; amended at 20 Ill. Reg. 11962, effective August 15, 1996; emergency amendment at 21 Ill. Reg. 11973, effective August 15, 1997, for a maximum of 150 days; emergency expired on January 11, 1998.
NOTE: In this Part, superscript numbers or letters are denoted by
parentheses; subscript are denoted by brackets.
SECTION 695.10 BASIC IMMUNIZATION
1. The optimum starting ages for the specified
immunizing procedures are as follows:
1. Diphtheria 2-4
months
2. Pertussis 2-4
months, combined with diphtheria-tetanus toxoid
3. Tetanus 2-4
months
4. Poliomyelitis
2-4 months
5. Measles 12-15
months
6. Rubella 12-15
months
7. Mumps 12-15
months
8. Haemophilus
2-4 months influenzae type b
9. Hepatitis B
Birth-2 months
2. All children 2 months of age and over upon first
entering a child care facility shall present evidence that such
person has been immunized, or is in the process of being
immunized, according to the recommended schedule against
diphtheria, pertussis, tetanus, polio, measles, mumps, rubella,
Haemophilus influenzae type b, and hepatitis B.
3. All children entering school programs (includes
nursery schools, pre-school programs, early childhood programs,
Head Start, or other pre-kindergarten child care programs offered
or operated by a school or school district) in Illinois for the
first time shall present evidence of immunity against:
1. Diphtheria
2. Pertussis
(except as noted in subsection (d) of this Section)
3. Tetanus
4. Poliomyelitis
5. Measles
(except as noted in subsection (f) of this Section)
6. Rubella
7. Mumps
8. Haemophilus
influenzae type b (except as noted in subsection 1. of
this Section)
9. Hepatitis B (except
as noted in subsection (j) of this Section)
4. Diphtheria, Tetanus, Pertussis
1. Any child
entering a child care facility or school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergarten child care programs offered or operated by a
school or school district) must show proof (see Section 695.50) of
having received three doses of Diphtheria, Tetanus, Pertussis
(DTP) by one year of age and one additional dose by the second
birthday. Individual doses in the series must have been received
no less than four weeks apart. The interval between the third and
fourth or final dose must be at least 6 months. Any child 24
months of age or older shall present proof of four doses of DTP
vaccine, appropriately spaced.
2. Any child
entering school, kindergarten or first grade, for the first time
must show proof (see Section 695.50) of having received four or
more doses of Diphtheria, Tetanus, Pertussis (DTP) with the last
dose being a booster and having been received on or after the 4th
birthday, but prior to school entrance. Individual doses in the
series must have been received no less than four weeks apart. The
interval between the third and fourth, or final dose, must be at
least 6 months. Children six years of age or older may receive
Tetanus, Diphtheria (Td) vaccine in lieu of DTP vaccine. Pertussis
vaccine is not medically recommended for children 7 years of age
or older.
3. Any child
entering school at a grade level not included in subsection (d)(1)
or (2) of this Section must show proof (see Section 695.50) of
having received three or more doses of DTP or Tetanus, Diphtheria
(Td) with the last dose being a booster and having been received
on or after the 4th birthday. Individual doses in the series must
have been received no less than four weeks apart. The interval
between the second and third, or final dose, must be at least 6
months.
4. If 10 years
have elapsed since the last booster, an additional Td booster is
required.
5. School age
children entering a child care facility shall comply with the
immunization requirements in accordance with subsections (d)(2),
(3) and (4) above.
5. Polio
1. Any child
entering a child care facility or school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergarten child care programs offered or operated by a
school or school district must show proof (see Section 695.50) of
having received two doses of Trivalent Oral Polio Vaccine (TOPV)
by one year of age and a third dose by the second birthday.
Individual doses in the series must have been received no less
than 6 weeks apart. Any child 24 months of age or older shall
present proof of at least three doses of TOPV, appropriately
spaced.
2. Any child
entering school at any grade level, K-12, must show proof (see
Section 695.50) of having received three or more doses of
Trivalent Oral Polio Vaccine (TOPV) with the last dose being a
booster and having been received on or after the 4th birthday, but
prior to school entrance. The first two doses in the series must
have been received no less than six weeks apart. The interval
between the second and third or final dose must be at least six
months.
3. A course of
enhanced-potency inactivated polio vaccine (e-IPV) or inactivated
polio vaccine (IPV) and appropriate boosters may, for an
individual child, be substituted for vaccination with Trivalent
Oral Polio Vaccine (TOPV) at the direction of a physician licensed
to practice medicine in all its branches.
4. School age
children entering a child care facility shall comply with the
immunization requirements in accordance with subsections (e)(2)
and (3) above.
6. Measles
1. Any child
entering a child care facility or school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergarten child care programs offered or operated by a
school or school district) shall present evidence of having
received one dose of live measles virus vaccine by the second
birthday. The measles vaccine must have been received at 12 months
of age or older.
2. The child
shall present evidence that he or she has:
1. been age-appropriately immunized against red
measles (rubeola) prior to entering a child care facility or
school, including school programs under the kindergarten level,
for the first time, or
2. a statement from the physician that he or she has
had measles (rubeola), or
3. laboratory evidence of measles immunity.
3. Children entering school at any grade level,
K-12, must show evidence of having received two doses of live
measles virus vaccine, the first dose at 12 months of age or older
and the second dose no less than 1 month after the first or other
proof of immunity as described in this Part.
4. For students attending school programs where grade
levels (K-12) are not assigned, including special education
programs, proof of two doses of measles vaccine as described in
subsection (f)(3) of this Section shall be submitted prior to the
school year in which the child reaches the ages of 5, 10, and 15.
5. School age children entering a child care facility
shall comply with the immunization requirements in accordance with
subsections (f)(2), (3), and (4) above.
7. Mumps
1. Any child
entering a child care facility or school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergarten child care programs offered or operated by a
school or school district) shall present evidence of having
received one dose of live mumps virus vaccine by the second
birthday. The mumps vaccine must have been received at twelve (12)
months of age or older.
2. The child
shall present evidence that he or she has:
1. been age-appropriately immunized against mumps
prior to entering a child care facility or school, including
school programs under the kindergarten level, for the first time,
or
2. a statement from the physician that he or she has
had mumps, or
3. laboratory evidence of mumps immunity (see Section
695.50(e)).
3. Children entering school at any grade level,
K-12, must show evidence of having received at least one dose of
mumps vaccine at 12 months of age or older.
4. Only those children who have been immunized with
live mumps virus vaccine at twelve (12) months or older, had
physician diagnosed mumps disease, or show laboratory evidence of
immunity shall be considered to be immune.
5. School age children entering a child care facility
shall comply with the immunization requirements in accordance with
subsections (g)(2), (3) and (4) above.
8. Rubella
1. Any child
entering a child care facility or school program under the
kindergarten level (defined as nursery schools, pre-school
programs, early childhood programs, Head Start, or other
pre-kindergarten child care programs offered or operated by a
school or school district) shall present evidence of having
received one dose of rubella vaccine by the second birthday. The
rubella vaccine must have been received at twelve (12) months of
age or older.
2. The child
shall present evidence that he or she has:
1. been age-appropriately immunized against rubella prior to entering a child care facility or school, including school programs under the kindergarten level, for the first time, or
2. laboratory evidence of immunity to rubella.
3. Children entering school at any grade level, K-12, must show evidence of having received at least one dose of rubella vaccine at 12 months of age or older.
4. Only those children who have been immunized with rubella vaccine at twelve (12) months or older, or have a laboratory (serologic) evidence of immunity to rubella, shall be considered to be immune.
5. School age children entering a child care facility shall comply with immunization requirements in accordance with subsections (h)(2), (3) and (4) above.
1. Haemophilus influenzae type b (Hib)
1. Any child
under 5 years of age entering a child care facility or school
program under the kindergarten level (defined as nursery schools,
pre-school programs, early childhood programs, Head Start, or
other pre-kindergarten child care programs offered or operated by
a school or school district) shall present evidence of
immunization that complies with the Hib vaccination schedule in
Appendix A of this Part. Any child who has reached his fifth
birthday shall not be required to present evidence of
immunization.
2. Children 24-59
months of age who have not received the primary series of Hib
vaccine, according to the Hib vaccination schedule, must show
proof of receiving one dose of Hib vaccine at 15 months of age or
older.
2. Hepatitis B
1. Any child 2
years of age or older enrolling in a child care facility or school
program under the kindergarten level (defined as nursery schools,
pre-school programs, early childhood programs, Head Start, or
other pre-kindergarten child care programs offered or operated by
a school or school district) after July 1997 shall present
evidence of having received 3 doses of hepatitis B vaccine. The
first two doses must have been received no less than 4 weeks
apart, and the interval between the second and third dose must be
at least two months. The child shall present evidence that he or
she has:
1. been age-appropriately immunized against hepatitis B prior to enrolling in a child care facility or school program under the kindergarten level for the first time, or2. Children entering the 5th grade for the first time after July 1997, must show evidence of having received 3 doses of hepatitis B vaccine. The first two doses must have been received no less than 4 weeks apart, and the interval between the second and third dose must be at least two months. Proof of prior or current infection, if verified by laboratory evidence, may be submitted for proof of vaccination (see Section 695.50(f)).
2. laboratory evidence of prior or current hepatitis B infection.
(Source: Amended at 20 Ill. Reg. 11962, effective August 15,
1996)
SECTION 695.20 BOOSTER IMMUNIZATIONS
Only those booster immunizations recommended above are required.
SECTION 695.30 EXCEPTIONS
1. The provisions of this Act shall not apply if:
1. The parent or
guardian of the child objects thereto on the grounds that the
administration of immunizing agents conflicts with his or her
religious tenets or practices, or
2. A physician
licensed to practice medicine in all its branches states in
writing that the physical condition of the child is such that the
administration of one or more of the required immunizing agents is
medically contraindicated.
2. If a religious objection is made, a written and
signed statement from the parent or legal guardian detailing such
objections must be presented to the child care facility or local
school authority. The religious objection statement shall be
considered valid if:
1. The parent or
guardian of a child entering a child care facility objects to the
immunization(s) on the grounds that they conflict with the tenets
and practices of a recognized church or religious organization of
which the parent is an adherent or member; or
2. The objection
by the parent or guardian of a child entering school (including
programs under the kindergarten level) sets forth the specific
religious belief which conflicts with the immunization(s). The
religious objection may be personal and need not be directed by
the tenets of an established religious organization.
3. It is not the intent of this Part that any child
whose parents comply with the intent of this Act should be
excluded from a child care facility or school. A child or student
shall be considered to be in compliance with the law if there is
evidence of the intent to comply. Such evidence may be a signed
statement from the physician that he has begun, or will begin, the
necessary immunization procedures, or the parent's or guardian's
written consent for the child's participation in a school or other
community immunization program.
(Source: Amended at 20 Ill. Reg. 11962, effective August 15, 1996)
SECTION 695.40 LIST OF NON-IMMUNIZED CHILD CARE FACILITY
ATTENDEES OR STUDENTS
An accurate list shall be maintained at every child care facility
or attendance center of all children who have not presented
evidence of immunity against diphtheria, pertussis (to age six),
tetanus, poliomyelitis, measles, rubella, mumps and Haemophilus
influenzae type b (to age five).
(Source: Amended at 17 Ill. Reg. 2975, effective February 11,
1993)
SECTION 695.50 PROOF OF IMMUNITY
1. Proof of immunity shall consist of documented
evidence of the child having received a vaccine (verified by a
health care provider, defined as a physician, child care or school
health professional, or health official) or proof of disease (as
described in subsections (c) through (f) below). As used in this
Section, "physician" means a physician licensed to practice
medicine in all of its branches (M.D. or D.O.).
2. The day and month of the vaccine is required if it
cannot otherwise be determined that the vaccine was given after
the minimum interval or age.
3. Proof of prior measles disease must be verified
with the date of illness signed by a physician, or laboratory
evidence of immunity.
4. The only acceptable proof of immunity for rubella
is evidence of vaccine (see subsection (b) above) or laboratory
evidence of immunity.
5. Proof of prior mumps disease must be verified with
date of illness signed by a physician or laboratory evidence of
immunity. Laboratory evidence of mumps is only acceptable if the
diagnostic test utilized to assess immunity is one with
demonstrated reliability, including neutralization, enzyme-linked
immunosorbent assay (ELISA or EIA), or radial hemolysis antibody
test. A four-fold rise in mumps antibody titer between
appropriately spaced acute and convalescent sera is also
acceptable as proof of immunity.
6. Proof of prior or current hepatitis B infection
must be verified by laboratory evidence. Laboratory evidence of
prior or current hepatitis B infection is only acceptable if one
of the following serologic tests indicates positivity: HBsAg,
anti-HBc and/or anti-HBs.
(Source: Amended at 20 Ill. Reg. 11962, effective August 15, 1996)
SECTION 695.APPENDIX A VACCINATION SCHEDULE FOR HAEMOPHILUS INFLUENZAE TYPE B CONJUGATE VACCINES (HIB)
Total
number
Age
at 1st of doses for
Vaccine dose
(mos.) Primary
series
Booster series
HbOC/PRP-T
HibTITER(TM)
2-6 3 doses,2mo.apart(a)
12-15 mo.(b)(c) 4
7-11
2 doses,2mo.apart(a) 12-18
mo.(b)(c) 3
12-14
1
dose
15 mo.(b)(c) 2
ActHib(e)(TM)
15-59 1
dose(d)
None
1
OmniHib(TM)
TETRAMUNE(TM)
PRP-OMP
PedvaxHIB(TM)
2-6 2
doses,2mo.apart(a) 12
mo.(b)(c) 3
7-11
2 doses,2mo.apart(a) 12-18
mo.(b)(c) 3
12-14
1
dose
15 mo.(b)(c) 2
15-59
1
dose(d)
None
1
PRP-D
ProHIBIT(TM)
15-59
1
dose(c)(d)
None
1
(a) Minimally acceptable interval
between doses is one month
(b) At
least two months after previous dose
(c) After
the primary infant Hib vaccine series is completed,
any
of the licensed Hib conjugate vaccines may be used as a
booster
dose
(d)
Children 15-59 months of age should receive only a single
dose
of Hib vaccine
(e)
Reconstituted with DTP as a combined DTP/Hib
vaccine (TM)
Trademark
Note: A DTP/Hib combination vaccine can be
used in place of HbOC
or
PRP-T
(Source: Amended at 20 Ill. Reg. 11962, effective August 15, 1996)
New rules effective July 1, 2002 (includes varicella or
chicken pox)
http://www.idph.state.il.us/rulesregs/77-695adopted.pdf
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