093_HB2331ham001

 










                                     LRB093 10243 WGH 12572 a

 1                    AMENDMENT TO  HOUSE BILL 2331

 2        AMENDMENT NO.     .  Amend House Bill 2331  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 10243 WGH 12572 a
 1    disclose  the  identity  of  any  person  upon whom a test is
 2    performed, or the results of such a test in  a  manner  which
 3    permits  identification of the subject of the test, except to
 4    the following persons:
 5        (a)  The subject of the test  or  the  subject's  legally
 6    authorized representative.  A physician may notify the spouse
 7    of  the  test subject, if the test result is positive and has
 8    been confirmed pursuant to guidelines set by  the  Department
 9    by  a Western Blot Assay or more reliable test, provided that
10    the physician has first sought unsuccessfully to persuade the
11    patient to notify the spouse or that, a reasonable time after
12    the  patient  has  agreed  to  make  the  notification,   the
13    physician  has  reason  to  believe  that the patient has not
14    provided the notification. This paragraph shall not create  a
15    duty  or  obligation  under which a physician must notify the
16    spouse of the test results, nor shall such duty or obligation
17    be implied. No civil liability  or  criminal  sanction  under
18    this   Act   shall   be   imposed   for   any  disclosure  or
19    non-disclosure of a test result to a spouse  by  a  physician
20    acting  in  good faith under this paragraph.  For the purpose
21    of any proceedings, civil or criminal, the good faith of  any
22    physician acting under this paragraph shall be presumed.
23        (b)  Any person designated in a legally effective release
24    of  the  test  results executed by the subject of the test or
25    the subject's legally authorized representative.
26        (c)  An authorized agent or employee of a health facility
27    or health care provider if the health facility or health care
28    provider itself is authorized to obtain the test results, the
29    agent  or  employee  provides  patient  care  or  handles  or
30    processes specimens of body fluids or tissues, and the  agent
31    or employee has a need to know such information.
32        (d)  The   Department,   in  accordance  with  rules  for
33    reporting and controlling the spread of disease, as otherwise
34    provided  by  State  law.  Neither  the  Department  nor  its
 
                            -3-      LRB093 10243 WGH 12572 a
 1    authorized representatives  shall  disclose  information  and
 2    records  held by them relating to known or suspected cases of
 3    AIDS or HIV infection, publicly or in any action of any  kind
 4    in  any court or before any tribunal, board, or agency.  AIDS
 5    and HIV infection data shall be protected from disclosure  in
 6    accordance  with  the  provisions  of Sections 8-2101 through
 7    8-2105 of the Code of Civil Procedure.
 8        (e)  A health facility  or  health  care  provider  which
 9    procures,  processes,  distributes  or uses: (i) a human body
10    part  from  a  deceased  person  with  respect   to   medical
11    information  regarding  that  person;  or (ii) semen provided
12    prior to the effective date of this Act for  the  purpose  of
13    artificial insemination.
14        (f)  Health facility staff committees for the purposes of
15    conducting  program monitoring, program evaluation or service
16    reviews.
17        (g)  (Blank).
18        (h)  Any health care provider or  employee  of  a  health
19    facility,  and  any  firefighter  or  EMT-A, EMT-P, or EMT-I,
20    involved in an accidental  direct  skin  or  mucous  membrane
21    contact  with  the  blood  or  bodily fluids of an individual
22    which is of a nature that may transmit HIV, as determined  by
23    a physician in his medical judgment.
24        (i)  Any   law   enforcement   officer,   as  defined  in
25    subsection (c) of Section 7, involved in the line of duty  in
26    a  direct  skin  or mucous membrane contact with the blood or
27    bodily fluids of an individual which is of a nature that  may
28    transmit  HIV,  as  determined  by a physician in his medical
29    judgment.
30        (j)  A  temporary  caretaker  of  a  child   taken   into
31    temporary  protective  custody  by the Department of Children
32    and Family Services pursuant to Section 5 of the  Abused  and
33    Neglected Child Reporting Act, as now or hereafter amended.
34        (k)  In  the  case of a minor under 18 years of age whose
 
                            -4-      LRB093 10243 WGH 12572 a
 1    test result is positive and has been  confirmed  pursuant  to
 2    guidelines set by the Department by a Western Blot Assay or a
 3    more  reliable test, the health care provider who ordered the
 4    test shall make a reasonable effort  to  notify  the  minor's
 5    parent or legal guardian if, in the professional judgement of
 6    the  health  care provider, notification would be in the best
 7    interest of the child and the health care provider has  first
 8    sought  unsuccessfully  to  persuade  the minor to notify the
 9    parent or legal guardian or a reasonable time after the minor
10    has agreed to notify the parent or legal guardian, the health
11    care provider has reason to believe that the  minor  has  not
12    made  the  notification.   This subsection shall not create a
13    duty or obligation under which a health  care  provider  must
14    notify  the  minor's  parent  or  legal  guardian of the test
15    results, nor shall a duty or obligation be implied.  No civil
16    liability or  criminal  sanction  under  this  Act  shall  be
17    imposed for any notification or non-notification of a minor's
18    test  result  by  a health care provider acting in good faith
19    under this subsection.  For the purpose  of  any  proceeding,
20    civil or criminal, the good faith of any health care provider
21    acting under this subsection shall be presumed.
22    (Source: P.A. 88-45; 89-381, eff. 8-18-95.)

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.".