Section 697.20  Definitions

The following are definitions of terms used in this Part:

            "Act" or "AIDS Confidentiality Act" means the AIDS Confidentiality Act [410 ILCS 305].

            "AIDS" means acquired immunodeficiency syndrome, as defined by the Centers for Disease Control or the National Institutes of Health.  (Section 3(a) of the AIDS Registry Act)  Similar definitions appear in the Act.  Current definition can be found in 1993 Revised Classification System for HIV Infection and Expanded Surveillance Case Definition for AIDS Among Adolescents and Adults, Centers for Disease Control and Prevention (CDC).  Morbidity and Mortality Weekly Report (MMWR), December 18, 1992; vol. 41, no. RR-17; and in 1994 Revised Classification System for HIV Infection for Children Less Than 13 Years of Age.  Morbidity and Mortality Weekly Report (MMWR), vol. 43 RR-12.

            "Blood Bank" means any facility or location at which blood or plasma is procured, furnished, donated, processed, stored or distributed.

            "Department" means the Illinois Department of Public Health. (Section 3(a) of the Act)

            "Designated Agency" means a health care organization under a service agreement with the Department to function in the capacity of a Local Health Authority for the purposes of this Part, in a jurisdiction not covered by a Local Health Authority.

            "Health Care Provider" means any physician, nurse, paramedic, psychologist or other person providing medical, nursing, psychological, or other health care services of any kind.  (Section 3(f) of the Act)

            "Health Facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "Health Facility" as that term is defined in the Illinois Finance Authority Act [20 ILCS 3501]. (Section 3(e) of the Act)

            "HIV" means the human immunodeficiency virus.  (Section 3(c) of the Act)

            "HIV Infection" or "Mortality"  means infected with HIV, as evidenced by a confirmed laboratory test for antibodies to HIV as specified in Section 697.100, viral culture or positive antigen test or a clinical diagnosis of AIDS.

            "Laboratory" means any facility or location, other than blood banks, at which tests are performed to determine the presence of antibodies to HIV.

            "Legally Authorized Representative" means an individual who is authorized to consent to HIV testing and/or disclosure of HIV test results for an individual who is:

            Under the age of 12,

            Deceased,

            Declared incompetent by a court of law, or

            Otherwise not competent to consent (for reasons other than age, such as the apparent inability to understand or communicate with the health care provider) as determined by the health care provider seeking such consent.

            The following individuals shall be authorized to consent, in the stated order of priority:

            For a living or deceased child under the age of 18:

Parent, except as limited by the AIDS Confidentiality Act [410 ILCS 305/9(k)] providing limitations on the ability of a parent or legal guardian to receive the child's test results, and the Consent by Minors to Medical Procedures Act [410 ILCS 210/4 and 5] regarding release of test results involving a sexually transmitted disease,

Legal guardian or other court-appointed personal representative,

            Adult next-of-kin.

            For a living or deceased adult age 18 or over:

            Agent authorized by durable power of attorney for health care,

            Legal guardian or other court-appointed personal representative,

            Spouse,

            Adult children,

            Parent,

            Adult next-of-kin.

            "Local Health Authority" means the full-time official health department or board of health having jurisdiction over a particular area.  (Section 3(2) of the Illinois Sexually Transmissible Disease Control Act [410 ILCS 325])

            "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility or other legal entity.  (Section 3(h) of the Act)

            "Physician" means a physician licensed to practice medicine under the Medical Practice Act of 1987 [225 ILCS 60].

            "Rapid HIV Antibody Test" means a federal Food and Drug Administration (FDA) approved screening test to detect antibodies to HIV that can be collected and processed within a short interval of time (under 60 minutes).

            "Screening Test" is any test for antibody or antigen to HIV virus approved by the FDA for use as a screening or diagnostic test.

            "Supplemental Test" is any test for antibody or antigen to HIV virus approved by the FDA for use as a supplemental or confirmatory test.

            "Test" or "HIV Test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.  (Section 3(g) of the Act)

            "Written Informed Consent" means an agreement in writing executed by the subject of a test or the subject's legally authorized representative without undue inducement such as any element of force, fraud, deceit, duress or other form of constraint or coercion (See Appendix A, Illustration A), which entails at least the following:

            A fair explanation of the test, including its purpose, potential uses, limitations and the meaning of its results; and

            A fair explanation of the procedures to be followed, including the voluntary nature of the test, the right to withdraw consent to the testing process at any time prior to the completion of the laboratory tests, the right to anonymity to the extent provided by law with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law.  (Section 3(d) of the  Act)

(Source:  Amended at 30 Ill. Reg. 2373, effective February 3, 2006)