093_SB1156ham002











                                     LRB093 07767 DRJ 15908 a

 1                    AMENDMENT TO SENATE BILL 1156

 2        AMENDMENT NO.     .  Amend Senate Bill 1156  on  page  1,
 3    line 5, by replacing "5" with "3, 5,"; and

 4    on page 1, after line 5, by inserting the following:

 5        "(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
 6        Sec. 3.  When used in this Act:
 7        (a)  "Department" means the Illinois Department of Public
 8    Health.
 9        (b)  "AIDS" means acquired immunodeficiency syndrome.
10        (c)  "HIV"  means the Human Immunodeficiency Virus or any
11    other identified causative agent of AIDS.
12        (d)  "Written informed consent"  means  an  agreement  in
13    writing  executed  by  the subject of a test or the subject's
14    legally authorized representative without undue inducement or
15    any element of force, fraud, deceit, duress or other form  of
16    constraint or coercion, which entails at least the following:
17        (1)  a  fair  explanation  of  the  test,  including  its
18    purpose,  potential  uses, limitations and the meaning of its
19    results; and
20        (2)  a fair explanation of the procedures to be followed,
21    including the voluntary nature of  the  test,  the  right  to
22    withdraw  consent  to  the  testing  process at any time, the
 
                            -2-      LRB093 07767 DRJ 15908 a
 1    right to anonymity to the extent provided by law with respect
 2    to participation in the test and disclosure of test  results,
 3    and  the  right  to  confidential  treatment  of  information
 4    identifying  the  subject  of the test and the results of the
 5    test, to the extent provided by law.
 6        (e)  "Health facility" means a  hospital,  nursing  home,
 7    blood  bank,  blood  center, sperm bank, or other health care
 8    institution, including any "health facility" as that term  is
 9    defined in the Illinois Health Facilities Authority Act.
10        (f)  "Health   care   provider"  means  any  health  care
11    professional physician,  nurse,  paramedic,  psychologist  or
12    other  person  providing  medical, nursing, psychological, or
13    other health care services of any kind.
14        (f-5)  "Health care professional" means  (i)  a  licensed
15    physician,  (ii)  a physician assistant to whom the physician
16    assistant's supervising physician has delegated the provision
17    of AIDS and HIV-related health services,  (iii)  an  advanced
18    practice  registered  nurse  who  has a written collaborative
19    agreement with a collaborating physician which authorizes the
20    provision of AIDS and HIV-related  health  services,  (iv)  a
21    licensed  dentist,  (v)  a  licensed  podiatrist,  or (vi) an
22    individual certified to provide HIV testing and counseling by
23    a state or local public health department.
24        (g)  "Test" or "HIV test" means a test to  determine  the
25    presence  of  the  antibody  or  antigen  to  HIV,  or of HIV
26    infection.
27        (h)  "Person" includes any natural  person,  partnership,
28    association,   joint  venture,  trust,  governmental  entity,
29    public or private corporation, health facility or other legal
30    entity.
31    (Source: P.A. 85-677; 85-679.)"; and

32    on  page  1,   line   7,   by   replacing   "provider"   with
33    "professional"; and
 
                            -3-      LRB093 07767 DRJ 15908 a
 1    on page 1, line 18, by replacing "for" with "for ordering and
 2    administration of"; and

 3    on page 1, line 29, by replacing "guidelines set" with "rules
 4    adopted"; and

 5    on page 3, line 28, by replacing "guidelines set" with "rules
 6    adopted".