Section 697.110  HIV Pre-Test Information

a)         No physician may order an HIV test without making available to the person tested pre-test information, except as provided in subsection (b) below.  The responsibility of providing pre-test information may not be delegated by the physician.  However, the task of providing pre-test information to the patient may be delegated to another health care provider who is knowledgeable about HIV infection including possible medical and psychosocial aspects of such infection.  The required pre-test information consists of the following information:

1)         About the meaning of the test results (such as the purpose, potential uses, limitations of the test and test results, and the statutory rights to anonymous testing and to confidentiality),

2)         The availability of additional or confirmatory testing, if appropriate (See Section 697.100(b)), and

3)         The availability of referrals for further information or counseling.  (Section 5 of the AIDS Confidentiality Act).

b)         Pre-test information when ordering an HIV test is not required in the following situations:

1)         When the Health Care provider or health facility procures processes, distributes or uses a human body part donated for purposes specified under the Uniform Anatomical Gift Act or the Organ Donation Request Act and the test is performed to assure the medical acceptability of the human body part.  (Section 7 of the AIDS Confidentially Act.)

2)         When the testing is for the purpose of research and performed in such a way that the identity of the test subject is not known and may not be retrieved by the researcher, and in such a way that the test subject is not informed of the results of the testing.  (Section 8 of the AIDS Confidentiality Act.)

3)         When an insurance company, fraternal benefit society, health services corporation, health maintenance organization, or any other insurer subject to regulation under the Illinois Insurance Code, as amended, requires any insured patient or applicant for new or continued insurance or coverage to be tested for infection with HIV virus or any other identified causative agent of AIDS.  (Section 3 of AN ACT concerning certain rights of medical patients, Ill. Rev. Stat. 1987, ch. 111½, par. 5403). (See Section 697.170.)

4)         When in the judgment of the physician, such testing is medically indicated to provide appropriate diagnosis and treatment to the subject of the test, provided that the subject of the test has otherwise provided his or her consent to such physician for medical treatment.  (Section 8 of the AIDS Confidentiality Act).

(Source:  Amended at 13 Ill. Reg. 11544, effective July 1, 1989)