Section 697.140  Nondisclosure of the Identity of a Person Tested or Test Results

a)         No person may disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test, except to the following persons (Section 9 of the AIDS Confidentiality Act):

1)         The subject of the test or the subject's legally authorized representative (Section 9(a) of the AIDS Confidentiality Act).

2)         Any person designated in a legally effective release of the test results executed by the subject of the test or the subject's legally authorized representative.  (Section 9(b) of the AIDS Confidentiality Act)  A legally effective release means a written release of medical information specific to HIV test results signed by the test subject.  A general release is not sufficient.  A single form may be used to authorize the release of medical records including HIV information provided such form specifically authorizes the release of any HIV information.  Any such release, under this subsection (a)(2), must not reveal whether or not HIV information exists.

3)         An authorized agent or employee of a health facility or health care provider or referring, treating or consulting physician, dentist, or podiatrist of the test subject, if:

A)        The health facility or health care provider itself is authorized to obtain the test results (Health facility or health care provider, for the purposes of this subsection (a)(3)(A), includes the medical records or similar personnel who handle and process medical records for that health facility or health care provider.);

B)        The agent or employee or referring, treating or consulting physician, dentist, or podiatrist of the test subject provides patient care or handles or processes specimens of body fluids or tissues; and

C)        The agent or employee or referring, treating or consulting physician of the test subject has a need to know such information.  (Section 9(c) of the AIDS Confidentiality Act)  An authorized agent or employee of a health facility or health care provider or referring, treating or consulting physician, dentist, or podiatrist has a need to know the identity of the patient or the test results revealing the identity of the patient under the following circumstances:

i)          When involved in direct patient care or handling or processing blood or bodily fluids for which this information is necessary in order to meet the medical needs of the patient, as certified by a physician, dentist, or podiatrist; or

ii)         When involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of a patient that is of a nature likely to transmit HIV, such as needle stick or percutaneous exposure, as certified by a physician, dentist, or podiatrist.

4)         The Department or the local health authority, in accordance with rules for reporting and controlling the spread of disease, or as otherwise provided by State law. (See 77 Ill. Adm. Code 690, 693, 250, 300, 330, 350, 370, 390, and 840.)  Neither the Department nor its authorized representatives shall disclose information and records held by them relating to known or suspected cases of AIDS or HIV infection, publicly or in any action of any kind in any court or before any tribunal, board or agency. AIDS and HIV Infection shall be protected from disclosure in accordance with the provisions of Sections 8-2101 through 8-2105 of the Code of Civil Procedure.  (Section 9(d) of the AIDS Confidentiality Act)

5)         A health facility or health care provider which procures, processes, distributes or uses:

A)        A human body part from a deceased person with respect to medical information regarding the person; or

B)        Semen provided prior to September 21, 1987, for the purpose of artificial insemination.  (Section 9(e) of the AIDS Confidentiality Act)

6)         Health facility staff committees for the purpose of conducting program monitoring, program evaluation or service reviews.  (Section 9(f) of the AIDS Confidentiality Act)

7)         A school principal in accordance with the provisions of Section 697.400 of this Part.

8)         Any health care provider or employee of a health facility, and any firefighter or any EMT-A, EMT-I, EMT-P 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.  (Section 9(h) of the AIDS Confidentiality Act)

9)         Any law enforcement officer, as defined in subsection (c) of Section 7 of the Act, 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.  (Section 9(i) of the AIDS Confidentiality Act)

10)         A temporary caretaker of a child taken into temporary protective custody by the Department of Children and Family Services pursuant to Section 5 of the Abused and Neglected Child Reporting Act, as now or hereafter amended.  (Section 9(j) of the AIDS Confidentiality Act)

b)         HIV test results may be disclosed to health care providers and researchers when done in a manner that does not reveal the identity of the subject of the test.  Any test results that cannot be revealed without identifying the subject of the test shall be disclosed only in accordance with subsection (a).  The Department shall disclose test results and demographic data without identifying information to researchers, in accordance with Section 697.220.

c)         No person may disclose unconfirmed reactive results from rapid HIV antibody tests in a manner that permits the identification of the subject of the test, except in accordance with Section 697.100(b)(4).

d)         The written informed consent form and HIV test results may be maintained, documented, and transmitted in a confidential manner in an electronic medical record system, medical record and/or confidential fax that allows disclosure only to persons authorized to receive the information under subsection (a).

e)         Liability and Sanctions

1)         Nothing in the Act or this Part shall be construed to impose civil liability or criminal sanction for disclosure of a test result in accordance with any reporting requirement of the Department for a diagnosed case of HIV infection, AIDS or a related condition.  (Section 15 of the AIDS Confidentiality Act)

2)         Nothing in the Act or this Part shall be construed to impose civil or criminal sanction for performing a test without written informed consent pursuant to the provisions of subsection (b) or (c) of Section 7 of the AIDS Confidentiality Act.  (Section 15 of the AIDS Confidentiality Act)

3)         The intentional or reckless violation of the AIDS Confidentiality Act or any regulation issued under that Act shall constitute a Class A misdemeanor.  (Section 12 of the AIDS Confidentiality Act)

f)          Sections 697.110, 697.120, 697.130 and 697.140 shall not apply to eligibility and coverage requirements established by a health maintenance organization nor to any insurance company, fraternal benefit society, or other insurer regulated under the Illinois Insurance Code. (Section 15.1 of the AIDS Confidentiality Act)

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