093_SB1156enr

 
SB1156 Enrolled                      LRB093 07767 DRJ 07956 b

 1        AN ACT in relation to 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 3, 5, and  9  and  adding  Section  5.5  as
 6    follows:

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

25        (410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)
26        Sec. 5.  No health care professional physician may  order
27    an  HIV  test  without  making available to the person tested
28    information about  the  meaning  of  the  test  results,  the
29    availability   of  additional  or  confirmatory  testing,  if
30    appropriate, and the availability of  referrals  for  further
31    information or counseling.
32    (Source: P.A. 85-677; 85-679.)
 
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 1        (410 ILCS 305/5.5 new)
 2        Sec.  5.5.  Rapid  testing.  The  Department  shall adopt
 3    rules to allow  for  the  implementation  of  HIV/AIDS  rapid
 4    testing.  The rules must include, but need not be limited to,
 5    standards for ordering  and  administration  of  testing  and
 6    counseling and dissemination of test results.

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


32        Section 99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.