HB0700 96TH GENERAL ASSEMBLY

LRB096 03346 RPM 13367 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0700

Introduced 2/6/2009, by Rep. Mike Bost

SYNOPSIS AS INTRODUCED:

410 ILCS 315/2f new

Amends the Communicable Disease Prevention Act. Provides that if a public safety official believes that he or she has been exposed to an infectious disease while performing his or her duties, other than those as an emergency services provider, which, in the opinion of a physician, could involve exposure to an infectious disease or condition, the public safety official or the provider agency may request the patient or individual who may have transmitted the infectious disease to consent to having the necessary diagnostic blood tests performed. Provides that the patient or individual who may have transmitted the infectious disease or condition shall be informed that he or she has the right to consent to the test for the presence of an infectious disease or condition. Provides that if the patient or individual refuses to consent to such tests, the public safety official or the provider agency may petition a federal district court for an order mandating that the necessary diagnostic blood tests of the patient or individual be performed. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Communicable Disease Prevention Act is amended by adding Section 2f as follows:

(410 ILCS 315/2f new)

Sec. 2f. Significant exposure to infectious disease.

(a) In this Section:

"Provider agency" means any law enforcement agency, fire department, emergency medical service, school district, or other entity that employs or directs emergency services providers or public safety officials.

"Public safety official" means a sheriff, deputy sheriff, police officer, State police officer, paid or volunteer firefighter, school district employee, or any civilian law enforcement employee or volunteer performing his or her duties, other than those as an emergency services provider.

(b) If a public safety official believes that he or she has had a significant exposure to an infectious disease or condition while performing his or her duties, other than those as an emergency services provider, which, in the opinion of a physician, could involve exposure to an infectious disease or condition, the public safety official or the provider agency that employs or directs him or her may request the patient or individual who may have transmitted the infectious disease or condition to consent to having the necessary diagnostic blood tests performed.

The patient or individual who may have transmitted the infectious disease or condition shall be informed that he or she has the right to consent to the test for the presence of an infectious disease or condition and that if the patient or individual refuses the test, such refusal will be communicated to the public safety official or the provider agency. If the patient or individual is unconscious or incapable of signing an informed consent form, the consent may be obtained from the patient's or individual's next of kin or legal guardian. If the patient or individual refuses to consent to such tests, the public safety official or the provider agency may petition a federal district court for an order mandating that the necessary diagnostic blood tests of the patient or individual be performed.

Section 99. Effective date. This Act takes effect upon becoming law.