TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER k: COMMUNICABLE DISEASE CONTROL AND IMMUNIZATIONS
PART 697 HIV/AIDS CONFIDENTIALITY AND TESTING CODE
SECTION 697.120 INFORMED CONSENT


 

Section 697.120  Informed Consent

 

a)         No person may order an HIV test without first receiving the documented informed consent of the subject of the test or the subject's legally authorized representative, except as provided in subsection (b).  A health care facility or provider may offer opt-out HIV testing where the subject or the subject's legally authorized representative is informed that the subject will be tested for HIV unless he or she refuses.  The health care facility or professional must document the provision of informed consent, including pre-test information, and whether the subject or the subject's legally authorized representative declined the offer of HIV testing. (Section 4 of the Act)

 

1)         The health care professional ordering the test or another health care professional involved in the patient's care shall obtain the informed consent.

 

2)         The health care professional may delegate the responsibility of obtaining informed consent only to another individual who is knowledgeable about HIV infection, including possible medical and psychosocial aspects of that infection.

 

3)         A health care professional may combine a form used to obtain informed consent for HIV testing with forms used to obtain written consent for general medical care or any other medical test or procedure, provided that the forms make it clear that the subject may consent to general medical care, tests, or medical procedures without being required to consent to HIV testing and clearly explain how the subject may opt-out of HIV testing.  (Section 3(d)(2) of the Act)

 

4)         The person obtaining the informed consent shall document receipt of consent in the subject's medical record or as part of the consent form for medical care or HIV testing completed by the patient.

 

b)         Informed consent to perform an HIV test is not required in the following situations:

 

1)         When the health care professional or health care facility procures, processes, distributes or uses a human body part donated for purposes specified under the Illinois Anatomical Gift Act or the Organ Donation Request Act and the test is necessary to assure the medical acceptability of the human body part.  (Section 7 of the Act)

 

2)         When the health care professional or health care facility procures, processes, distributes or uses semen provided prior to September 21, 1987, for the purpose of artificial insemination and the test is necessary to assure  medical acceptability of the semen.  (Section 7 of the 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 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 and persons required to be tested pursuant to Section 5-5-3 of the Unified Code of Corrections. (Section 11 of the 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 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) (See Section 697.160.)

 

6)         When a health care provider or employee of a health facility, or a firefighter or an EMT‑B, EMT‑I or 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 or her medical judgment. Should such test prove to be positive, the patient and the health care provider, health facility employee, firefighter, EMT‑B, EMT‑I, or EMT‑P shall be provided appropriate counseling consistent with the Act. (Section 7 of the  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 Act)

 

8)         For a health care professional or health care 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 or her medical judgment.  Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with the 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 person's life.  (Section 7 of the Act)

 

9)         When an individual is charged with a sex crime in accordance with the Criminal Code of 1961.

 

(Source:  Amended at 36 Ill. Reg. 7613, effective May 4, 2012)