Section 693.110  Examination and Treatment of Prisoners

a)         A Local Health Authority, or the Department, where applicable, may enter any State, county or municipal detention facility located within its jurisdiction, for the purpose of interviewing , examining or treating any prisoner known or suspected of having an STD.  Any such detention facility shall cooperate with the Local Health Authority, or the Department, where applicable, and provide such space as is necessary for the examinations and treatments.

b)         Such examination and treatment shall be voluntary on the part of the prisoner, unless a court-issued warrant is obtained by the Department pursuant to Sections 693.50 or 693.70 of this Part.  In cases of noncompliant behavior, the Department may also seek court-ordered isolation pursuant to Sections 693.60 or 693.80 of this Part.

c)         The reporting requirements of Section 693.30 of this Part shall be followed by any physician attending or examining prisoners at these detention facilities, except that reporting to the Local Health Authority, or Department, where applicable, shall be made within seven days after diagnosing or treating a reportable STD.  The superintendent or other administrator of such detention facility shall provide the physician with all reportable information required by the report form or this Part, to insure that a complete report is filed with the appropriate health authority.

d)         Nothing in this Section shall be construed as relieving the Department of Corrections or any county or municipality of their primary responsibility for providing medical treatment for prisoners under their jurisdiction, including treatment for sexually transmissible diseases (Section 9 (b) of the Act).

            AGENCY NOTE:  The provisions of Section 693.110 (a) and (b) do not apply to any examination, testing or treatment performed pursuant to Section 5-5-3(g) or (h) of the Unified Code of Corrections [730 ILCS 5/5-5-3].  Section 5-5-3 of the Unified Code of Corrections requires HIV testing of defendents convicted under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or Section 1 or 2 of the Hypodermic Syringes and Needles Act [720 ILCS 635/1 or 2].

(Source:  Amended at 25 Ill. Reg. 3916, effective April 1, 2001)