Bill Text: IL SB1736 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires a hospital to adopt an influenza and pneumococcal immunization policy that contains certain features. Requires a hospital to file a copy of the policy with the Department of Public Health. Restricts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0343 [SB1736 Detail]

Download: Illinois-2009-SB1736-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1736 Introduced 2/19/2009, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
110 ILCS 330/8 new
210 ILCS 85/6.25 new
30 ILCS 805/8.33 new
Amends the University of Illinois Hospital Act and the Hospital Licensing Act. Requires a hospital to adopt an influenza and pneumococcal immunization policy that contains certain features. Requires a hospital to file a copy of the policy with the Department of Public Health. Restricts the exercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
LRB096 03487 DRJ 13511 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The University of Illinois Hospital Act is
amended by adding Section 8 as follows:
(110 ILCS 330/8 new)
Sec. 8. Immunization against influenza virus and
pneumococcal disease. The University of Illinois Hospital
shall adopt an influenza and pneumococcal immunization policy
that includes, but need not be limited to, the following:
(1) Procedures for identifying patients age 65 or older
and, at the discretion of the facility, other patients at
risk.
(2) Procedures for offering immunization against
influenza virus between September 1 and April 1, and
against pneumococcal disease upon admission or discharge,
to patients age 65 or older.
(3) Procedures for ensuring that patients offered
immunization, or their guardians, receive information
regarding the risks and benefits of vaccination.
(4) A standing order policy approved by the medical
director or other appropriate physician that includes, but
need not be limited to, an assessment for

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contra-indications.
(5) A system for documenting vaccine administration,
medical contra-indications, patient refusals, and any
post-vaccination adverse events.
The hospital shall file a copy of its influenza and
pneumococcal immunization policy with the Illinois Department
of Public Health.
Section 10. The Hospital Licensing Act is amended by adding
Section 6.25 as follows:
(210 ILCS 85/6.25 new)
Sec. 6.25. Immunization against influenza virus and
pneumococcal disease.
(a) Every hospital shall adopt an influenza and
pneumococcal immunization policy that includes, but need not be
limited to, the following:
(1) Procedures for identifying patients age 65 or older
and, at the discretion of the facility, other patients at
risk.
(2) Procedures for offering immunization against
influenza virus between September 1 and April 1, and
against pneumococcal disease upon admission or discharge,
to patients age 65 or older.
(3) Procedures for ensuring that patients offered
immunization, or their guardians, receive information

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regarding the risks and benefits of vaccination.
(4) A standing order policy approved by the medical
director or other appropriate physician that includes, but
need not be limited to, an assessment for
contra-indications.
(5) A system for documenting vaccine administration,
medical contra-indications, patient refusals, and any
post-vaccination adverse events.
The hospital shall file a copy of its influenza and
pneumococcal immunization policy with the Department.
(b) A home rule unit may not regulate immunization against
influenza virus and pneumococcal disease in a manner
inconsistent with the regulation of such immunizations under
this Section. This subsection is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.

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Section 99. Effective date. This Act takes effect upon
becoming law.