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
Illinois School Code
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withdrawn and not enacted into law.
(105 ILCS 5/27-8.1)
(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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