2023 Illinois Compiled Statutes › 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.)
(410 ILCS 315/1) (from Ch. 111 1/2, par. 22.11)
Sec. 1. Certain communicable diseases such as measles, poliomyelitis, invasive pneumococcal disease, and
tetanus, may and do result in serious physical and mental disability
including an intellectual disability, 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. 97-227, eff. 1-1-12.)
(410 ILCS 315/1.5)
Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding Section 2 of this Act, within 30 days of the effective date of this  amendatory Act of the 95th General Assembly, the Department shall promulgate rules and regulations, and shall submit those rules and regulations in accordance with the rulemaking first notice requirements under Section 5-40 of the Illinois Administrative Procedure Act, requiring the age-appropriate series of pneumococcal conjugate vaccine, as recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, to a child younger than 2 years of age who is enrolled or enrolling in a licensed child care facility, as that term is defined in the Child Care Act of 1969. The Department shall also establish protocols for children younger
than 2 years of age to catch up on missed doses. A child care
facility must be able to furnish proof of compliance with this Section for all children at the facility, beginning January 1, 2008.
The provisions of this Section 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 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 the required immunizing agent would be detrimental to the health of the child.
(Source: P.A. 95-159, eff. 8-14-07.)
(410 ILCS 315/1.10)
Sec. 1.10. Meningococcal conjugate vaccine. The Department of Public Health shall adopt a rule requiring students, upon entering the 6th and 12th grade of any public, private, or parochial school, to receive an immunization containing meningococcal conjugate vaccine that meets the standards approved by the U.S. Public Health Service for such biological products and is in accordance with the recommendations of the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices.  The immunization shall consist of one dose of the MCV4 vaccine for 6th grade entrance and 2 doses for 12th grade entrance, unless the first dose was administered to a child who was 16 years of age or older, in which case only one dose is required at 12th grade entrance. However, if the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices' recommendations for adolescents are updated, then the requirement under this Section should reflect those changes to be current. The immunization requirement shall not apply before 6 months after final rules are approved. Existing Illinois standards for parental or legal guardian objections or medical objections shall be applicable.
(Source: P.A. 98-480, eff. 1-1-14.)
(410 ILCS 315/1.11)
Sec. 1.11. Meningococcal disease brochure. The Department of Public Health shall develop an informational brochure relating to meningococcal disease that states that immunizations against meningococcal disease are available. The Department of Public Health shall make the brochure available on its website and shall notify every public institution of higher education in the State of the availability of the brochure. Each public institution of higher education shall provide a copy of the brochure to all students and if the student is under 18 years of age, to the student's parent or guardian. Such information in the brochure shall include:
(1) the risk factors for and symptoms of     meningococcal disease, how it may be diagnosed, and its possible consequences if untreated;
(2) how meningococcal disease is transmitted;
(3) the latest scientific information on     meningococcal disease immunization and its effectiveness, including information on all meningococcal vaccines receiving a Category A or B recommendation from the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices;
(4) a statement that any questions or concerns     regarding immunization against meningococcal disease may be answered by contacting the individual's health care provider; and
(5) a recommendation that the current student or     entering student receive meningococcal vaccines in accordance with current guideline from the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices.
(Source: P.A. 100-342, eff. 1-1-18.)
(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.)
(410 ILCS 315/2a)
Sec. 2a. (Repealed).
(Source: P.A. 97-244, eff. 8-4-11. Repealed by P.A. 98-353, eff. 1-1-14.)
(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.)
(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 315/2e)
Sec. 2e. HPV-related prevention.
(a) Notwithstanding the provisions of Section 2 of this Act, the Department of Public Health must provide all students who are entering sixth grade  and their parents or legal guardians written information about the link between human papillomavirus (HPV) and cervical, vulvar, vaginal, penile, anal, and oropharyngeal cancers in males and females, as applicable, and the availability of a HPV vaccine so that they may be protected before ever being exposed to the virus.
(b) The Director of  Public Health shall prescribe the content of the information required in subsection (a) of this Section.
(c) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 95th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 95th General Assembly. The adoption of emergency rules authorized by this subsection (c) is deemed to be necessary for the public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely implementation of the provisions of this amendatory Act of the 100th General Assembly, the Department of Public Health shall adopt emergency rules in accordance with Section 5-45 of the Illinois Administrative Procedure Act to the extent necessary to administer the Department's responsibilities under this amendatory Act of the 100th General Assembly no later than July 1, 2019. The adoption of emergency rules authorized by this subsection (d) is deemed to be necessary for the public interest, safety, and welfare.
(Source: P.A. 100-741, eff. 1-1-19.)
(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.)