(410 ILCS 335/10)
HIV counseling and offer of HIV testing required.
(a) Every health care professional who provides health care services to a
woman shall, unless she has already been tested during the current pregnancy, provide the woman with HIV counseling, as described in subpart (d) of this Section, and shall test her for HIV unless she refuses. A refusal may be verbal or in writing. A health care
provide the counseling and
recommend the testing as early in the woman's pregnancy
possible. For women at continued risk of exposure to HIV infection in the
of the health care professional, a repeat test should be recommended late in
pregnancy or at the time of labor and delivery. The
counseling and testing or refusal of testing
shall be documented in the woman's medical
(b) Every health care professional or facility that cares for a pregnant
labor or delivery shall, unless she has already been tested during the current pregnancy, provide the woman with HIV counseling, as described in subpart (d) of this Section, and
testing unless she refuses. A refusal may be verbal or in writing. The counseling and testing or refusal of testing
documented in the woman's medical record. The health care facility shall adopt a policy that provides that as soon as possible within medical standards after the infant's birth, the mother's HIV test result, if available, shall be noted in the newborn infant's medical record. 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. Any testing or test results shall be
documented in accordance with the AIDS Confidentiality Act.
(c) Every health care professional or facility caring for a newborn infant
delivery or as soon as possible within medical standards after the infant's birth, provide
counseling as described in subsection (d) of this Section to the
guardian of the infant and perform rapid HIV testing on the infant, when the HIV status of the
infant's mother is unknown.
(d) The counseling required under this Section must be provided in
AIDS Confidentiality Act and must include the following:
(1) For the health of the pregnant woman, the
voluntary nature of the testing, the benefits of HIV testing, including the prevention of transmission, and the requirement that HIV testing be performed unless she refuses and the methods by which she can refuse.
(2) The benefit of HIV testing for herself and the
newborn infant, including interventions to prevent HIV transmission.
(3) The side effects of interventions to prevent HIV
(4) The statutory confidentiality provisions that
relate to HIV and acquired immune deficiency syndrome ("AIDS") testing.
(5) The requirement for mandatory testing of the
newborn if the mother's HIV status is unknown at the time of delivery.
(6) An explanation of the test, including its
purpose, limitations, and the meaning of its results.
(7) An explanation of the procedures to be followed.
(8) The availability of additional or confirmatory
testing, if appropriate. Counseling may be provided in writing, verbally, or by video, electronic, or other means. The woman must be offered an opportunity to ask questions about testing and to decline testing for herself.
(e) All counseling and testing must be performed in accordance with the
standards set forth in the AIDS Confidentiality Act, including the informed consent provisions of Sections 4, 7, and 8 of that Act, with the exception of
the requirement of consent for testing of newborn infants.
testing of a newborn infant shall be presumed when a health care professional
or health care
facility seeks to perform a test on a newborn infant whose mother's HIV status
is not known, provided that the counseling required under subsection (d) of this Section and the AIDS Confidentiality Act
has taken place.
(f) The Illinois Department of Public Health shall adopt necessary rules to
implement this Act by July 1, 2008.
(Source: P.A. 94-910, eff. 6-23-06; 95-702, eff. 6-1-08