Illinois General Assembly - Full Text of HB0739
Illinois General Assembly

Previous General Assemblies

Full Text of HB0739  102nd General Assembly




HB0739 EnrolledLRB102 02799 CPF 12807 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
16the provisions of the Medical Practice Act of 1987, or shall
17submit to treatment at a facility provided by a local health
18authority or other public facility, as the Department shall
19require by rule or regulation until the disease is
20noncommunicable or the Department determines that the person
21does not present a real and present danger to the public
22health. This subsection (b) shall not be construed to require
23the Department or local health authorities to pay for or



HB0739 Enrolled- 2 -LRB102 02799 CPF 12807 b

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



HB0739 Enrolled- 3 -LRB102 02799 CPF 12807 b

1partner therapy services for persons with sexually
2transmissible diseases.
3        (1) Notwithstanding any other provision of law, a
4    health care professional who makes a clinical diagnosis of
5    chlamydia, or gonorrhea, or trichomoniasis may prescribe,
6    dispense, furnish, or otherwise provide prescription
7    antibiotic drugs to the infected person's sexual partner
8    or partners for the treatment of the sexually
9    transmissible disease without physical examination of the
10    partner or partners, if in the judgment of the health care
11    professional the partner is unlikely or unable to present
12    for comprehensive healthcare, including evaluation,
13    testing, and treatment for sexually transmissible
14    diseases. Expedited partner therapy shall be limited to
15    partners who may have been exposed to a sexually
16    transmissible disease within the previous 60 days, if the
17    patient is able to contact the partner.
18        (2) Health care professionals who provide expedited
19    partner therapy shall comply with Sections 4 and 5 of the
20    Illinois Sexually Transmissible Disease Control Act.
21        (3) Health care professionals who provide expedited
22    partner therapy shall provide counseling for the patient
23    and written materials provided by the Department to be
24    given by the patient to the partner or partners that
25    include at a minimum the following:
26            (A) a warning that a woman who is pregnant or might



HB0739 Enrolled- 4 -LRB102 02799 CPF 12807 b

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



HB0739 Enrolled- 5 -LRB102 02799 CPF 12807 b

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



HB0739 Enrolled- 6 -LRB102 02799 CPF 12807 b

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