093_HB2331eng

 
HB2331 Engrossed                     LRB093 10243 MBS 10497 b

 1        AN ACT concerning public health.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The AIDS Confidentiality Act  is  amended  by
 5    changing Sections 5 and 9 and adding Section 5.5 as follows:

 6        (410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)
 7        Sec.  5.   No health care provider physician may order an
 8    HIV test  without  making  available  to  the  person  tested
 9    information  about  the  meaning  of  the  test  results, the
10    availability  of  additional  or  confirmatory  testing,   if
11    appropriate,  and  the  availability of referrals for further
12    information or counseling.
13    (Source: P.A. 85-677; 85-679.)

14        (410 ILCS 305/5.5 new)
15        Sec. 5.5  Rapid testing. The Department shall adopt rules
16    to allow for the implementation of  HIV/AIDS  rapid  testing.
17    The rules must include, but need not be limited to, standards
18    for testing and counseling and dissemination of test results.

19        (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
20        Sec.  9.  No  person  may  disclose  or  be  compelled to
21    disclose the identity of any  person  upon  whom  a  test  is
22    performed,  or  the  results of such a test in a manner which
23    permits identification of the subject of the test, except  to
24    the following persons:
25        (a)  The  subject  of  the  test or the subject's legally
26    authorized representative.  A physician may notify the spouse
27    of the test subject, if the test result is positive  and  has
28    been  confirmed  pursuant to guidelines set by the Department
29    by a Western Blot Assay or more reliable test, provided  that
 
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 1    the physician has first sought unsuccessfully to persuade the
 2    patient to notify the spouse or that, a reasonable time after
 3    the   patient  has  agreed  to  make  the  notification,  the
 4    physician has reason to believe  that  the  patient  has  not
 5    provided  the notification. This paragraph shall not create a
 6    duty or obligation under which a physician  must  notify  the
 7    spouse of the test results, nor shall such duty or obligation
 8    be  implied.  No  civil  liability or criminal sanction under
 9    this  Act  shall   be   imposed   for   any   disclosure   or
10    non-disclosure  of  a  test result to a spouse by a physician
11    acting in good faith under this paragraph.  For  the  purpose
12    of  any proceedings, civil or criminal, the good faith of any
13    physician acting under this paragraph shall be presumed.
14        (b)  Any person designated in a legally effective release
15    of the test results executed by the subject of  the  test  or
16    the subject's legally authorized representative.
17        (c)  An authorized agent or employee of a health facility
18    or health care provider if the health facility or health care
19    provider itself is authorized to obtain the test results, the
20    agent  or  employee  provides  patient  care  or  handles  or
21    processes  specimens of body fluids or tissues, and the agent
22    or employee has a need to know such information.
23        (d)  The  Department,  in  accordance  with   rules   for
24    reporting and controlling the spread of disease, as otherwise
25    provided  by  State  law.  Neither  the  Department  nor  its
26    authorized  representatives  shall  disclose  information and
27    records held by them relating to known or suspected cases  of
28    AIDS  or HIV infection, publicly or in any action of any kind
29    in any court or before any tribunal, board, or agency.   AIDS
30    and  HIV infection data shall be protected from disclosure in
31    accordance with the provisions  of  Sections  8-2101  through
32    8-2105 of the Code of Civil Procedure.
33        (e)  A  health  facility  or  health  care provider which
34    procures, processes, distributes or uses: (i)  a  human  body
 
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 1    part   from   a  deceased  person  with  respect  to  medical
 2    information regarding that person;  or  (ii)  semen  provided
 3    prior  to  the  effective date of this Act for the purpose of
 4    artificial insemination.
 5        (f)  Health facility staff committees for the purposes of
 6    conducting program monitoring, program evaluation or  service
 7    reviews.
 8        (g)  (Blank).
 9        (h)  Any  health  care  provider  or employee of a health
10    facility, and any firefighter  or  EMT-A,  EMT-P,  or  EMT-I,
11    involved  in  an  accidental  direct  skin or mucous membrane
12    contact with the blood or  bodily  fluids  of  an  individual
13    which  is of a nature that may transmit HIV, as determined by
14    a physician in his medical judgment.
15        (i)  Any  law  enforcement   officer,   as   defined   in
16    subsection  (c) of Section 7, involved in the line of duty in
17    a direct skin or mucous membrane contact with  the  blood  or
18    bodily  fluids of an individual which is of a nature that may
19    transmit HIV, as determined by a  physician  in  his  medical
20    judgment.
21        (j)  A   temporary   caretaker  of  a  child  taken  into
22    temporary protective custody by the  Department  of  Children
23    and  Family  Services pursuant to Section 5 of the Abused and
24    Neglected Child Reporting Act, as now or hereafter amended.
25        (k)  In the case of a minor under 18 years of  age  whose
26    test  result  is  positive and has been confirmed pursuant to
27    guidelines set by the Department by a Western Blot Assay or a
28    more reliable test, the health care provider who ordered  the
29    test  shall  make  a  reasonable effort to notify the minor's
30    parent or legal guardian if, in the professional judgement of
31    the health care provider, notification would be in  the  best
32    interest  of the child and the health care provider has first
33    sought unsuccessfully to persuade the  minor  to  notify  the
34    parent or legal guardian or a reasonable time after the minor
 
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 1    has agreed to notify the parent or legal guardian, the health
 2    care  provider  has  reason to believe that the minor has not
 3    made the notification.  This subsection shall  not  create  a
 4    duty  or  obligation  under which a health care provider must
 5    notify the minor's parent  or  legal  guardian  of  the  test
 6    results, nor shall a duty or obligation be implied.  No civil
 7    liability  or  criminal  sanction  under  this  Act  shall be
 8    imposed for any notification or non-notification of a minor's
 9    test result by a health care provider acting  in  good  faith
10    under  this  subsection.   For the purpose of any proceeding,
11    civil or criminal, the good faith of any health care provider
12    acting under this subsection shall be presumed.
13    (Source: P.A. 88-45; 89-381, eff. 8-18-95.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.