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Public Act 100-0270


 

Public Act 0270 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0270
 
HB3002 EnrolledLRB100 06109 MJP 16141 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Infectious Disease Testing Act.
 
    Section 5. Definitions. Definitions. As used in this Act:
    "Health care provider" has the meaning ascribed to it under
HIPAA, as specified in 45 CFR 160.103.
    "Health facility" means a hospital, nursing home, blood
bank, blood center, sperm bank, or other health care
institution, including any "health facility" as that term is
defined in the Illinois Finance Authority Act.
    "HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, as amended by
the Health Information Technology for Economic and Clinical
Health Act of 2009, Public Law 111-05, and any subsequent
amendments thereto and any regulations promulgated thereunder.
    "Law enforcement officer" means any person employed by the
State, a county, or a municipality as a policeman, peace
officer, auxiliary policeman, or correctional officer or in
some like position involving the enforcement of the law and
protection of the public interest at the risk of that person's
life.
 
    Section 10. Infectious disease testing. An individual
shall be required to submit to a test to detect an infectious
disease upon the request of a health care provider, employee of
a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,
firefighter, or law enforcement officer who, accidentally or in
the line of duty, comes into direct skin or mucous membrane
contact with the blood or bodily fluids of the individual that
is of a nature that may transmit an infectious disease, as
determined by a physician in his or her medical judgment.
    Informed consent is not required for a health care provider
or health facility to perform a test on an individual to detect
an infectious disease when a health care provider, employee of
a health facility, PHRN, EMR, EMT, EMT-I, A-EMT, paramedic,
firefighter, or law enforcement officer who, accidentally or in
the line of duty, comes into direct skin or mucous membrane
contact with the blood or bodily fluids of the individual that
is of a nature that may transmit an infectious disease, as
determined by a physician in his or her medical judgment.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/22/2017