Illinois General Assembly

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 Bill Status of HB4306  94th General Assembly


Short Description:  PERINATAL HIV PREV-REPORTING

House Sponsors
Rep. Mary E. Flowers - Kenneth Dunkin - Elizabeth Coulson - Kathleen A. Ryg - Linda Chapa LaVia, Annazette Collins, Robin Kelly, Mike Boland, Rosemary Mulligan, Elaine Nekritz, Julie Hamos, Susana A Mendoza, Edward J. Acevedo, David E. Miller, Arthur L. Turner, Daniel J. Burke, Jay C. Hoffman, George Scully, Jr., Karen A. Yarbrough, John A. Fritchey, Maria Antonia Berrios, Michelle Chavez, Art Tenhouse, William Delgado, Monique D. Davis, William Davis, Aaron Schock, Richard T. Bradley, Cynthia Soto and William B. Black

Senate Sponsors
(Sen. John J. Cullerton - Don Harmon - Dale A. Righter - Donne E. Trotter - Chris Lauzen, Dale E. Risinger, Cheryl Axley and Mattie Hunter)

Last Action
DateChamber Action
  6/23/2006HousePublic Act . . . . . . . . . 94-0910

Statutes Amended In Order of Appearance
410 ILCS 335/10
410 ILCS 335/15 new
410 ILCS 335/20 new


Synopsis As Introduced
Amends the Perinatal HIV Prevention Act. Requires HIV testing of newborns when the HIV status of the mother is unknown (now, testing is voluntary). Requires counseling to include the voluntary nature of the HIV test for a pregnant woman. Requires the reporting of a positive HIV test for a newborn infant to an electronic surveillance system established by the Department of Public Health. Requires the Department to adopt rules specifying the information required in the report. Provides that the confidentiality provisions of the AIDS Confidentiality Act apply to the reports. Requires the Department or its authorized representative to provide case management services to ensure access to proper care. Provides that hospitals, laboratories, other facilities, and physicians will not be held liable for the release of information or confidential data in accordance with the Act. Requires all HIV exposed newborns to be treated to prevent HIV infection within 24 hours after birth and until 6 weeks after birth. Effective immediately.

House Committee Amendment No. 1
Provides that except for willful or wanton misconduct (rather than no conduct standard), hospitals, laboratories, other facilities, or physicians shall not be held liable for the release of certain information to the Department of Public Health.

House Committee Amendment No. 2
Adds reference to:
410 ILCS 335/25 new

Provides that the provisions of the Perinatal HIV Prevention Act do not apply when a parent or guardian of a child objects on the grounds that the HIV testing conflicts with his or her religious tenets and practices. Requires a written statement of the objection to be presented to the physician or other person whose duty it is to administer and report the tests under the provisions of the Act.

House Committee Amendment No. 3
Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 2 with the following changes. Provides that counseling to the parent or guardian of an infant and HIV testing shall occur as soon as possible within medical standards (now, within 48 hours) after birth. Provides that the liability provisions of the AIDS Confidentiality Act apply to reporting and deletes a liability provision. Provides that when a test shows that the newborn infant is HIV exposed, the health professional or health facility shall inform the infant's parents or guardian of the importance of obtaining timely treatment to prevent the infant from becoming HIV infected. Requires the Department of Public Health to provide health professionals and facilities with written information to satisfy this requirement. Deletes a provision requiring the treatment of all HIV exposed newborn infants within 24 hours after birth and until 6 weeks after birth. Effective immediately.

House Floor Amendment No. 6
Adds reference to:
410 ILCS 335/5
410 ILCS 335/30 new
410 ILCS 335/35 new

Deletes everything after the enacting clause. Replaces with the bill as amended by House Amendment No. 3 with the following changes. Adds a definition of "Department". Requires health care professionals to recommend (now, offer) HIV testing to pregnant women. Requires health care professionals to inform a pregnant woman that, should she refuse HIV testing during pregnancy, her newborn infant will be tested for HIV. Requires health care facilities to adopt a policy that provides that as soon as possible within medical standards (rather than one hour) after the infant's birth, the mother's HIV test result, if available, shall be noted in the newborn infant's medical record and that it shall also be noted in the newborn infant's medical record if the mother's HIV test result is not available because she has not been tested or has declined testing. Requires reports of preliminarily HIV-positive women and preliminarily HIV-exposed newborn infants (rather than a positive HIV test for a newborn infant) to be reported to the Department of Public Health. Provides that the liability provisions of the AIDS Confidentiality Act apply to reporting, except for willful or wanton misconduct (rather than no conduct standard). Requires health care facilities to monthly report certain information to the Department. Requires the Department to establish a 24-hour Perinatal HIV Hotline. Requires health care facilities to adopt a policy to inform the mother of the newborn infant of the importance of obtaining treatment for her HIV infection. Requires the Department to prepare an annual report for the Governor and the General Assembly. Makes other changes. Effective immediately.

 Fiscal Note (H-AM 6) (Dept. of Public Health)
 As amended, does not have an increased fiscal impact on the Department.

Actions 
DateChamber Action
  12/21/2005HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/4/2006HouseFirst Reading
  1/4/2006HouseReferred to Rules Committee
  1/5/2006HouseAssigned to Human Services Committee
  1/12/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Human Services Committee
  1/12/2006HouseHouse Committee Amendment No. 2 Filed with Clerk by Human Services Committee
  1/12/2006HouseHouse Committee Amendment No. 1 Adopted by Voice Vote
  1/12/2006HouseHouse Committee Amendment No. 2 Adopted by Voice Vote
  1/12/2006HouseMotion Do Pass as Amended - Lost Human Services Committee; 005-004-003
  1/12/2006HouseRemains in Human Services Committee
  1/19/2006HouseHouse Committee Amendment No. 3 Filed with Clerk by Human Services Committee
  1/19/2006HouseHouse Committee Amendment No. 3 Adopted in Human Services Committee; by Voice Vote
  1/19/2006HouseDo Pass as Amended / Short Debate Human Services Committee; 009-003-000
  1/19/2006HousePlaced on Calendar 2nd Reading - Short Debate
  1/31/2006HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Mary E. Flowers
  1/31/2006HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  1/31/2006HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  1/31/2006HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  1/31/2006HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg
  1/31/2006HouseAdded Co-Sponsor Rep. Annazette Collins
  1/31/2006HouseAdded Co-Sponsor Rep. Robin Kelly
  1/31/2006HouseAdded Co-Sponsor Rep. Mike Boland
  1/31/2006HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  1/31/2006HouseAdded Co-Sponsor Rep. Elaine Nekritz
  1/31/2006HouseAdded Co-Sponsor Rep. Julie Hamos
  1/31/2006HouseAdded Co-Sponsor Rep. Susana A Mendoza
  1/31/2006HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  1/31/2006HouseAdded Co-Sponsor Rep. David E. Miller
  1/31/2006HouseAdded Co-Sponsor Rep. Arthur L. Turner
  1/31/2006HouseAdded Co-Sponsor Rep. Daniel J. Burke
  1/31/2006HouseAdded Co-Sponsor Rep. Jay C. Hoffman
  1/31/2006HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Mary E. Flowers
  1/31/2006HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  2/1/2006HouseAdded Co-Sponsor Rep. George Scully, Jr.
  2/1/2006HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/1/2006HouseAdded Co-Sponsor Rep. John A. Fritchey
  2/2/2006HouseHouse Floor Amendment No. 6 Filed with Clerk by Rep. Mary E. Flowers
  2/2/2006HouseHouse Floor Amendment No. 6 Referred to Rules Committee
  2/7/2006HouseFiscal Note Requested by Rep. Larry McKeon; As Amended by HA 5,6
  2/9/2006HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  2/9/2006HouseAdded Co-Sponsor Rep. Michelle Chavez
  2/14/2006HouseHouse Floor Amendment No. 6 Rules Refers to Human Services Committee
  2/15/2006HouseHouse Floor Amendment No. 6 Recommends Be Adopted Human Services Committee; 009-001-000
  2/17/2006HouseFiscal Note Filed As Amended by HA 6
  2/21/2006HouseAdded Co-Sponsor Rep. Art Tenhouse
  2/21/2006HouseAdded Co-Sponsor Rep. William Delgado
  2/21/2006HouseAdded Co-Sponsor Rep. Monique D. Davis
  2/21/2006HouseAdded Co-Sponsor Rep. William Davis
  2/21/2006HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  2/21/2006HouseAdded Co-Sponsor Rep. Aaron Schock
  2/21/2006HouseSecond Reading - Short Debate
  2/21/2006HouseHouse Floor Amendment No. 6 Adopted by Voice Vote
  2/21/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/22/2006HouseAdded Co-Sponsor Rep. Richard T. Bradley
  2/22/2006HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/22/2006HouseAdded Co-Sponsor Rep. William B. Black
  2/22/2006HouseThird Reading - Short Debate - Passed 110-000-000
  2/22/2006HouseHouse Floor Amendment No. 4 Tabled Pursuant to Rule 40(a)
  2/22/2006HouseHouse Floor Amendment No. 5 Tabled Pursuant to Rule 40(a)
  2/22/2006SenateArrive in Senate
  2/22/2006SenatePlaced on Calendar Order of First Reading February 23, 2006
  2/22/2006SenateChief Senate Sponsor Sen. John J. Cullerton
  2/22/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  2/23/2006SenateFirst Reading
  2/23/2006SenateReferred to Rules
  3/1/2006SenateAssigned to Health & Human Services
  3/15/2006SenateDo Pass Health & Human Services; 011-000-000
  3/15/2006SenatePlaced on Calendar Order of 2nd Reading March 16, 2006
  3/24/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/24/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  3/24/2006SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  3/24/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Dale A. Righter
  3/27/2006SenateAdded as Alternate Co-Sponsor Sen. Cheryl Axley
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  3/28/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Chris Lauzen
  3/28/2006SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  3/28/2006SenateThird Reading - Passed; 056-000-000
  3/28/2006SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  3/28/2006HousePassed Both Houses
  4/26/2006HouseSent to the Governor
  6/23/2006HouseGovernor Approved
  6/23/2006HouseEffective Date June 23, 2006
  6/23/2006HousePublic Act . . . . . . . . . 94-0910

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