093_SB0454

 
                                     LRB093 03310 LRD 03327 b

 1        AN  ACT  to  create  the HIV Education for Pregnant Women
 2    Act.

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

 5        Section  1.  Short  title.   This Act may be cited as the
 6    HIV Education for Pregnant Women Act.

 7        Section 5.  Definitions.  As used in this Act:
 8        "AIDS" means  acquired  immune  deficiency  syndrome,  as
 9    defined  from time to time by the Centers for Disease Control
10    and Prevention of the U.S. Public Health Service.
11        "Department" means  the  Illinois  Department  of  Public
12    Health.
13        "HIV"  means  the  human  immunodeficiency  virus and any
14    other identified causative agent of AIDS.

15        Section 10. Information; counseling.
16        (a)  A physician or other health care practitioner who is
17    the primary caregiver for a woman who seeks care or treatment
18    while pregnant or  within  4  weeks  of  giving  birth  shall
19    provide the woman with information about HIV and AIDS and the
20    benefits  of being tested for HIV and shall inform her of the
21    option of being tested anonymously or confidentially.
22        (b)  No woman shall be tested  unless  she  has  provided
23    written,   informed   consent,   as   provided  by  the  AIDS
24    Confidentiality Act.
25        (c)  A woman shall not be denied appropriate prenatal  or
26    other medical care because she decides to be tested or not to
27    be tested.
28        (d)  If  the  woman  decides  to be tested, the physician
29    shall report the positive or  negative  test  result  to  the
30    woman.  The  report  shall  otherwise remain confidential and
 
                            -2-      LRB093 03310 LRD 03327 b
 1    shall  be  disclosed   only   as   provided   in   the   AIDS
 2    Confidentiality  Act.   The  physician  shall also personally
 3    counsel the woman or arrange for a counselor competent in HIV
 4    infection to counsel the woman to obtain appropriate  medical
 5    treatment  and  shall inform the woman of the risk to herself
 6    and her baby if  she  fails  to  obtain  appropriate  medical
 7    treatment.   The  counseling  shall  also include information
 8    concerning the available medical interventions to prevent the
 9    onset of illness in the mother and to reduce the incidence of
10    transmission of HIV to her child.

11        Section  15.   Department   guidelines.    The   Illinois
12    Department  of  Public Health shall provide to all physicians
13    and  other  health   care   practitioners   information   and
14    guidelines regarding the requirements of this Act.