98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3512

 

Introduced 2/14/2014, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Disease Testing for Public Safety Officials and Volunteers Act. Provides that an emergency services provider or first aid volunteer who is significantly exposed to blood or body fluids during the course of performing his or her duties or during the course of performing emergency assistance or first aid may: (1) request that the person to whom the emergency services provider or first aid volunteer was significantly exposed voluntarily submit to testing for the presence of communicable disease; or (2) petition the circuit court for an order requiring that the person to whom the emergency services provider or first aid volunteer was significantly exposed submit to testing to determine the presence of a communicable disease and that the results of that test be disclosed to the petitioner by the Department of Public Health. Provides that the circuit court may enter an order requiring that a person submit to testing, including blood testing, for a communicable disease if the court finds probable cause to believe: (1) the petitioner was significantly exposed; and (2) the exposure occurred during the course of the emergency services provider's duties, or the provision of emergency assistance or first aid by a first aid volunteer. Provides that any person or entity entitled to receive confidential information under the Act, other than the person tested and identified in the information, who violates the provisions of the Act by releasing or making public that confidential information, or by otherwise breaching the confidentiality requirements of the Act, is guilty of a Class B misdemeanor. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Disease Testing for Public Safety Officials and Volunteers Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Blood or body fluids" means blood, saliva, amniotic fluid,
8pericardial fluid, peritoneal fluid, pleural fluid, synovial
9fluid, cerebrospinal fluid, semen, and vaginal secretions, and
10any body fluid visibly contaminated by blood.
11    "Certified local health department" means a health
12department of a unit of local government that is certified
13under Section 600.210 of Part 600 of Title 77 of the Illinois
14Administrative Code (77 Illinois Administrative Code 600.210).
15    "Communicable disease" means a disease that can be
16transmitted from person to person directly or indirectly,
17including diseases transmitted by blood or body fluid or any
18other communicable reportable diseases as established by the
19Department in Section 6.08 of the Hospital Licensing Act.
20    "Department" means the Department of Public Health.
21    "Emergency service provider" means a local, State, or
22federal peace officer, firefighter, emergency medical
23technician-ambulance, emergency medical

 

 

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1technician-intermediate, emergency medical
2technician-paramedic, ambulance driver, or other medical or
3first aid personnel rendering aid, or any agent or designee of
4the foregoing.
5    "First aid volunteer" means a person who provides voluntary
6emergency assistance or first aid medical care to an injured
7person prior to the arrival of an emergency medical services
8provider or public safety officer.
9    "Significant exposure" or "significantly exposed" means:
10        (1) exposure of the body of one person to the blood or
11    body fluids of another person by:
12            (A) percutaneous injury, including a needle stick,
13        cut with a sharp object or instrument, or a wound
14        resulting from a human bite, scratch, or similar force;
15        or
16            (B) contact with an open wound, mucous membrane, or
17        non-intact skin because of a cut, abrasion,
18        dermatitis, or other damage; or
19        (2) exposure that occurs by any other method of
20    transmission as defined by the Department.
 
21    Section 10. Petition.
22    (a) An emergency services provider or first aid volunteer
23who is significantly exposed during the course of performing
24his or her duties or during the course of performing emergency
25assistance or first aid may:

 

 

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1        (1) request that the person to whom the emergency
2    services provider or first aid volunteer was significantly
3    exposed voluntarily submit to testing; or
4        (2) petition the circuit court for an order requiring
5    that the person to whom the emergency services provider or
6    first aid volunteer was significantly exposed submit to
7    testing to determine the presence of a communicable disease
8    and that the results of that test be disclosed to the
9    petitioner by the Department.
10    (b) The petitioner shall file a petition with the circuit
11court seeking an order to submit to testing and to disclose the
12results in accordance with the provisions of this Section. The
13petition shall be sealed upon filing and made accessible only
14to the petitioner, the subject of the petition, and his or her
15attorneys, upon court order.
16    (c) The petition described in subsection (b) shall be
17accompanied by an affidavit in which the petitioner certifies
18that the petitioner has been significantly exposed to the
19person who is the subject of the petition and describes that
20exposure. The petitioner shall submit to testing to determine
21the presence of a disease when the petition is filed or within
223 days after the petition is filed.
23    (d) The petitioner shall cause the petition required under
24this Section to be served on the person who the petitioner is
25requesting to be tested in a manner that will best preserve the
26confidentiality of that person.

 

 

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1    (e) The court shall set a time for a hearing on the matter
2within 10 days after the petition is filed and shall give the
3petitioner and the person who is the subject of the petition
4notice of the hearing at least 72 hours prior to the hearing.
5The person who is the subject of the petition shall also be
6notified that he or she may have an attorney present at the
7hearing and that his or her attorney may examine and
8cross-examine witnesses. The hearing shall be conducted in
9camera.
10    (f) The circuit court may enter an order requiring that the
11person submit to testing, including blood testing, for a
12communicable disease if the court finds probable cause to
13believe:
14        (1) the petitioner was significantly exposed; and
15        (2) the exposure occurred during the course of the
16    emergency services provider's duties or the provision of
17    emergency assistance or first aid by a first aid volunteer.
18    (g) The court may order that the specimen be obtained by
19the use of reasonable force if the person who is the subject of
20the petition is incarcerated.
21    (h) The court may order that additional testing be
22conducted and that the person submit to that testing, as it
23determines to be necessary and appropriate.
24    (i) The court is not required to order the person to submit
25to a test under this Section if it finds that there is a
26substantial reason, relating to the life or health of the

 

 

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1person, not to enter the order.
2    (j) Upon order of the circuit court that a person submit to
3testing for a communicable disease, that person shall report to
4the designated certified local health department within 10 days
5from the issuance of the order, and thereafter as designated by
6the court, or be held in contempt of court. The court shall
7send the order to the Department and to the certified local
8health department ordered to conduct the test. The Department
9and a certified local health department may disclose the test
10results under a court order as provided in this Section.
11    (k) The certified local health department or the Department
12shall inform the subject of the petition and the petitioner of
13the results of the test and advise both parties that the test
14results are confidential. That information shall be maintained
15as confidential by all parties to the action.
16    (l) The court, its personnel, the process server, the
17Department, certified local health department, and petitioner
18shall maintain confidentiality of the name and any other
19identifying information regarding the person tested and the
20results of the test except as specifically authorized by this
21Act.
22    (m) Except as provided in this subsection, the petitioner
23shall remit payment for the testing and the analysis of the
24specimen for the mandatory disease testing to the entity that
25conducts the test. If the petitioner is an emergency services
26provider, the agency that employs the emergency services

 

 

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1provider shall remit payment for the testing and the analysis
2of the specimen for the mandatory disease testing to the entity
3that conducts the test.
4    (n) The entity that conducts the test shall cause the
5specimen and the payment for the analysis of the specimen to be
6delivered to the Department for analysis.
7    (o) If the subject of the petition is incarcerated, the
8incarcerating authority shall either collect the specimen or
9shall pay the expenses of having the person's specimen
10collected.
 
11    Section 15. Confidentiality of test results. Any person or
12entity entitled to receive confidential information under this
13Act, other than the person tested and identified in the
14information, who violates any provision of this Act by
15releasing or making public that confidential information, or by
16otherwise breaching the confidentiality requirements of this
17Act, is guilty of a Class B misdemeanor.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.