Section 697.120  Written Informed Consent

a)         No person may order an HIV test without first receiving the written, informed consent of the subject of the test or the subject's legally authorized representative, except as provided in subsection (b).  (Section 4 of the AIDS Confidentiality Act)

1)         This written informed consent and test results must be obtained by the physician ordering the test or by another physician involved in the patient's care.

2)         The responsibility of obtaining written informed consent may not be delegated by the physician.  However, the task of obtaining written informed consent from 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.

b)         Written informed consent to perform 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 Confidentiality Act)

2)         When the health care provider or health facility procures, processes, distributes or uses semen provided prior to September 21, 1987, for the purpose of artificial insemination and the test is performed to assure the medical acceptability of the semen.  (Section 7 of the AIDS Confidentiality Act)

3)         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)

4)         When an HIV test is performed upon a person who is specifically required by state or federal  law to be tested, such as blood, plasma, semen and human tissue donors, immigrants to the United States, and persons required to be tested pursuant to Section 5-5-3 of the Unified Code of Corrections). (Section 11 of the AIDS Confidentiality Act)

5)         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 or any other identified causative agent of AIDS.  (Section 3 of the Medical Patient Rights Act [410 ILCS 50/3]) (See Section 697.160.)

6)         When a health care provider or employee of a health facility, or a firefighter or an Emergency Medical Technician-Ambulance (EMT-A), Emergency Medical Technician-Intermediate (EMT-I) or Emergency Medical Technician-Paramedic (EMT-P) is involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.  Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act. (Section 7 of the AIDS Confidentially Act).

7)         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).

8)         For a health care provider or health facility to perform a test when a law enforcement officer is involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.  Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act.  For purposes of Section 7 (c) of the Act, "Law Enforcement Officer" means any person employed by the State, a county or a municipality as a policeman, peace officer, auxiliary-policeman, correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that persons life.  (Section 7 of the AIDS Confidentiality Act)

(Source:  Amended at 22 Ill. Reg. 21994, effective December 9, 1998)