Illinois Chapter 410 Public Health
410 ILCS 315/ Communicable Disease Prevention Act.
(410 ILCS 315/0.01) (from Ch. 111 1/2, par. 22.10)
Sec. 0.01.
Short title.
This Act may be cited as the
Communicable Disease Prevention Act.
(Source: P.A. 86‑1324.)
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(410 ILCS 315/1) (from Ch. 111 1/2, par. 22.11)
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.)
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(410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
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,
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.
(Source: P.A. 90‑607, eff. 6‑30‑98.)
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(410 ILCS 315/2a) (from Ch. 111 1/2, par. 22.12a)
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;
(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.
(Source: P.A. 85‑1399.)
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(410 ILCS 315/2b) (from Ch. 111 1/2, par. 22.12b)
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.)
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(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.)
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(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.)
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(410 ILCS 315/3) (from Ch. 111 1/2, par. 22.13)
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.)
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