101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5551

 

Introduced , by Rep. Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 325/6  from Ch. 111 1/2, par. 7406

    Amends the Illinois Sexually Transmissible Disease Control Act. Provides that a health care professional who makes a clinical diagnosis of trichomoniasis may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person's sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners, if in the judgment of the health care professional the partner is unlikely or unable to present for comprehensive healthcare, including evaluation, testing, and treatment for sexually transmissible diseases.


LRB101 20797 CPF 70492 b

 

 

A BILL FOR

 

HB5551LRB101 20797 CPF 70492 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Sexually Transmissible Disease
5Control Act is amended by changing Section 6 as follows:
 
6    (410 ILCS 325/6)  (from Ch. 111 1/2, par. 7406)
7    Sec. 6. Physical examination and treatment.
8    (a) Subject to the provisions of subsection (c) of this
9Section, the Department and its authorized representatives may
10examine or cause to be examined persons reasonably believed to
11be infected with or to have been exposed to a sexually
12transmissible disease.
13    (b) Subject to the provisions of subsection (c) of this
14Section, persons with a sexually transmissible disease shall
15report for complete treatment to a physician licensed under the
16provisions of the Medical Practice Act of 1987, or shall submit
17to treatment at a facility provided by a local health authority
18or other public facility, as the Department shall require by
19rule or regulation until the disease is noncommunicable or the
20Department determines that the person does not present a real
21and present danger to the public health. This subsection (b)
22shall not be construed to require the Department or local
23health authorities to pay for or provide such treatment.

 

 

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1    (c) No person shall be apprehended, examined or treated for
2a sexually transmissible disease against his will, under the
3provisions of this Act, except upon the presentation of a
4warrant duly authorized by a court of competent jurisdiction.
5In requesting the issuance of such a warrant the Department
6shall show by a preponderance of evidence that the person is
7infectious and that a real and present danger to the public
8health and welfare exists unless such warrant is issued and
9shall show that all other reasonable means of obtaining
10compliance have been exhausted and that no other less
11restrictive alternative is available. The court shall require
12any proceedings authorized by this subsection (c) to be
13conducted in camera. A record shall be made of such proceedings
14but shall be sealed, impounded and preserved in the records of
15the court, to be made available to the reviewing court in the
16event of an appeal.
17    (d) Any person who knowingly or maliciously disseminates
18any false information or report concerning the existence of any
19sexually transmissible disease under this Section is guilty of
20a Class A misdemeanor.
21    (e) Taking into account the recommendations of the U.S.
22Centers for Disease Control and Prevention and other nationally
23recognized medical authorities, the Department shall provide
24information and technical assistance as appropriate to health
25care professionals who provide expedited partner therapy
26services for persons with sexually transmissible diseases.

 

 

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1        (1) Notwithstanding any other provision of law, a
2    health care professional who makes a clinical diagnosis of
3    chlamydia, or gonorrhea, or trichomoniasis may prescribe,
4    dispense, furnish, or otherwise provide prescription
5    antibiotic drugs to the infected person's sexual partner or
6    partners for the treatment of the sexually transmissible
7    disease without physical examination of the partner or
8    partners, if in the judgment of the health care
9    professional the partner is unlikely or unable to present
10    for comprehensive healthcare, including evaluation,
11    testing, and treatment for sexually transmissible
12    diseases. Expedited partner therapy shall be limited to
13    partners who may have been exposed to a sexually
14    transmissible disease within the previous 60 days, if the
15    patient is able to contact the partner.
16        (2) Health care professionals who provide expedited
17    partner therapy shall comply with Sections 4 and 5 of the
18    Illinois Sexually Transmissible Disease Control Act.
19        (3) Health care professionals who provide expedited
20    partner therapy shall provide counseling for the patient
21    and written materials provided by the Department to be
22    given by the patient to the partner or partners that
23    include at a minimum the following:
24            (A) a warning that a woman who is pregnant or might
25        be pregnant must not take certain antibiotics and must
26        immediately contact a health care professional for an

 

 

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1        examination, and a recommendation for such an
2        examination;
3            (B) information about the antibiotic and dosage
4        provided or prescribed; clear and explicit allergy and
5        side effect warnings, including a warning that a
6        partner who has a history of allergy to the antibiotic
7        or the pharmaceutical class of antibiotic must not take
8        the antibiotic and must be immediately examined by a
9        health care professional, and a recommendation for
10        such an examination;
11            (C) information about the treatment and prevention
12        of sexually transmissible diseases;
13            (D) the requirement of abstinence until a period of
14        time after treatment to prevent infecting others;
15            (E) notification of the importance of the partner
16        or partners of the patient to receive examination and
17        testing for HIV and other sexually transmissible
18        diseases, and available resources;
19            (F) notification of the risk to self, others, and
20        the public health if the sexually transmissible
21        disease is not completely and successfully treated;
22            (G) the responsibility of the partner or partners
23        to inform his or her sex partner or partners of the
24        risk of sexually transmissible disease and the
25        importance of prompt examination and treatment; and
26            (H) other information as deemed necessary by the

 

 

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1        Department.
2        (4) The Department shall develop and disseminate in
3    electronic and other formats the following written
4    materials:
5            (A) informational materials for partners, as
6        required in item (3) of this subsection (e);
7            (B) informational materials for persons who are
8        repeatedly diagnosed with sexually transmissible
9        diseases; and
10            (C) guidance for health care professionals on the
11        safe and effective provision of expedited partner
12        therapy.
13        The Department may offer educational programs about
14    expedited partner therapy for health care professionals
15    and pharmacists licensed under the Pharmacy Practice Act.
16        (5) A health care professional prescribing,
17    dispensing, furnishing, or otherwise providing in good
18    faith without fee or compensation prescription antibiotics
19    to partners under this subsection (e) and providing
20    counseling and written materials as required by item (3) of
21    this subsection (e) shall not be subject to civil or
22    professional liability, except for willful and wanton
23    misconduct. A health care professional shall not be subject
24    to civil or professional liability for choosing not to
25    provide expedited partner therapy.
26        (6) A pharmacist or pharmacy shall not be subject to

 

 

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1    civil or professional liability for choosing not to fill a
2    prescription that would cause the pharmacist or pharmacy to
3    violate any provision of the Pharmacy Practice Act,
4    including the definition of "prescription" set forth in
5    subsection (e) of Section 3 of the Pharmacy Practice Act or
6    the definition of "drug regimen review" set forth in
7    subsection (y) of Section 3 of the Pharmacy Practice Act.
8(Source: P.A. 96-613, eff. 1-1-10.)