Section 697.130  Anonymous Testing

Any person upon whom an HIV test is performed shall have the right to request anonymity and to provide written informed consent by using a coded system that does not link individual identity with the request or the result except when written informed consent is not required by law as specified in Section 697.120.  (Section 6 of the AIDS Confidentiality Act.)  Any anonymous testing system adopted by the health care provider ordering the test must ensure that the correct test results are transmitted by the persons conducting the laboratory tests to the proper physician, and that the correct test results are given to the correct patient.  When a test subject does not have the right to request anonymity, the test subject may request that the blood sample be labeled in such a manner as to prevent persons from learning the identity of the test subject unless such persons are authorized to receive such information pursuant to Section 697.140 of this Part.

a)         If anonymous testing is requested, the physician shall assign to such person a unique number or notation, which shall be used by the person to sign the written informed consent in lieu of the person's name.  The blood sample for testing shall be labeled with the physician's name and the unique number or notation assigned to the patient for the purpose of receiving the test results.  Unless otherwise authorized by the patient, any record of the test result shall be maintained in a manner identifying the record only by its unique number or notation.

b)         Anonymous testing shall not be permitted under the following circumstances:

1)         When identification of the test subject is permitted or required in order to comply with the provisions of Section 697.140(a)(3) or (6) of this Part, or

2)         If the test is performed in order to determine eligibility as a donor or acceptability of a donation of blood, plasma, semen, oocytes or other human tissue.

(Source:  Amended at 15 Ill. Reg. 11646, effective August 15, 1991)