HB1286 95TH GENERAL ASSEMBLY

LRB095 07327 MJR 27468 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1286

Introduced 2/20/2007, by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

410 ILCS 305/3	from Ch. 111 1/2, par. 7303
410 ILCS 305/5	from Ch. 111 1/2, par. 7305
410 ILCS 305/7	from Ch. 111 1/2, par. 7307
410 ILCS 305/9	from Ch. 111 1/2, par. 7309
410 ILCS 305/9.5 new
410 ILCS 305/17 new

Amends the AIDS Confidentiality Act. Provides that information concerning testing for HIV infection in subjects may be provided according to guidelines. Provides that a health facility may combine the form used to obtain written informed consent for HIV testing with forms used to obtain written informed consent for general medical care or any other medical test or procedure. Provides that no health care provider or professional may order an HIV test without making available to the person tested information about the meaning of the test results, the availability of additional or confirmatory testing, if appropriate, and the availability of referrals for further information or counseling (now, the provision only applies to a health care professional). Includes provisions concerning informed consent by health care providers and professionals (now, provisions only apply to health care providers). Makes corresponding changes in provisions concerning the disclosure of test results. Contains provisions concerning the delivery of test results. Provides that the Department of Public Health shall provide grants to expand voluntary routine HIV testing in health facilities.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

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

Section 5. The AIDS Confidentiality Act is amended by changing Sections 3, 5, 7, and 9 and by adding Sections 9.5 and 17 as follows:

(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. When used in this Act:

(a) "Department" means the Illinois Department of Public Health.

(b) "AIDS" means acquired immunodeficiency syndrome.

(c) "HIV" means the Human Immunodeficiency Virus or any other identified causative agent of AIDS.

(d) "Written informed consent" means an agreement in writing executed by the subject of a test or the subject's legally authorized representative without undue inducement or any element of force, fraud, deceit, duress or other form of constraint or coercion, which entails at least the following:

(1) a fair explanation of the test, including its purpose, potential uses, limitations and the meaning of its results; and

(2) a fair explanation of the procedures to be followed, including the voluntary nature of the test, the right to withdraw consent to the testing process at any time, the right to anonymity to the extent provided by law with respect to participation in the test and disclosure of test results, and the right to confidential treatment of information identifying the subject of the test and the results of the test, to the extent provided by law. Information may be provided in writing, verbally, or by video, electronic, or other means that is easily understandable by the subject and meets the requirements of the Language Assistance Services Act. The subject must be offered an opportunity to ask questions about the HIV test and decline testing. Nothing in this Act shall prohibit a health facility from combining the form used to obtain written informed consent for HIV testing with forms used to obtain written informed consent for general medical care or any other medical test or procedure.

(e) "Health facility" means a hospital, nursing home, blood bank, blood center, sperm bank, or other health care institution, including any "health facility" as that term is defined in the Illinois Finance Authority Act.

(f) "Health care provider" means any health care professional, nurse, paramedic, psychologist or other person providing medical, nursing, psychological, or other health care services of any kind.

(f-5) "Health care professional" means (i) a licensed physician, (ii) a physician assistant to whom the physician assistant's supervising physician has delegated the provision of AIDS and HIV-related health services, (iii) an advanced practice registered nurse who has a written collaborative agreement with a collaborating physician which authorizes the provision of AIDS and HIV-related health services, (iv) a licensed dentist, (v) a licensed podiatrist, or (vi) an individual certified to provide HIV testing and counseling by a state or local public health department.

(g) "Test" or "HIV test" means a test to determine the presence of the antibody or antigen to HIV, or of HIV infection.

(h) "Person" includes any natural person, partnership, association, joint venture, trust, governmental entity, public or private corporation, health facility or other legal entity.

(Source: P.A. 93-205, eff. 1-1-04; 93-482, eff. 8-8-03; revised 9-12-03.)

(410 ILCS 305/5) (from Ch. 111 1/2, par. 7305)

Sec. 5. No health care provider or professional may order an HIV test without making available to the person tested information about the meaning of the test results, the availability of additional or confirmatory testing, if appropriate, and the availability of referrals for further information or counseling.

(Source: P.A. 93-482, eff. 8-8-03.)

(410 ILCS 305/7) (from Ch. 111 1/2, par. 7307)

Sec. 7. (a) Notwithstanding the provisions of Sections 4, 5 and 6 of this Act, written informed consent is not required for a health care provider or professional or health facility to perform a test when the health care provider or professional or health facility procures, processes, distributes or uses a human body part donated for a purpose specified under the Illinois Anatomical Gift Act, or semen provided prior to the effective date of this Act for the purpose of artificial insemination, and such a test is necessary to assure medical acceptability of such gift or semen for the purposes intended.

(b) Written informed consent is not required for a health care provider or professional or health facility to perform a test when a health care provider or employee of a health facility, or a firefighter or an EMT-A, EMT-I or EMT-P, is involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. Should such test prove to be positive, the patient and the health care provider or professional, health facility employee, firefighter, EMT-A, EMT-I, or EMT-P shall be provided appropriate counseling consistent with this Act.

(c) Written informed consent is not required for a health care provider or professional or health facility to perform a test when a law enforcement officer is involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment. Should such test prove to be positive, the patient shall be provided appropriate counseling consistent with this Act. For purposes of this subsection (c), "law enforcement officer" means any person employed by the State, a county or a municipality as a policeman, peace officer, auxiliary policeman, correctional officer or in some like position involving the enforcement of the law and protection of the public interest at the risk of that person's life.

(Source: P.A. 93-794, eff. 7-22-04.)

(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)

Sec. 9. No person may disclose or be compelled to disclose the identity of any person upon whom a test is performed, or the results of such a test in a manner which permits identification of the subject of the test, except to the following persons:

(a) The subject of the test or the subject's legally authorized representative. A physician may notify the spouse of the test subject, if the test result is positive and has been confirmed pursuant to rules adopted by the Department, provided that the physician has first sought unsuccessfully to persuade the patient to notify the spouse or that, a reasonable time after the patient has agreed to make the notification, the physician has reason to believe that the patient has not provided the notification. This paragraph shall not create a duty or obligation under which a physician must notify the spouse of the test results, nor shall such duty or obligation be implied. No civil liability or criminal sanction under this Act shall be imposed for any disclosure or non-disclosure of a test result to a spouse by a physician acting in good faith under this paragraph. For the purpose of any proceedings, civil or criminal, the good faith of any physician acting under this paragraph shall be presumed.

(b) Any person designated in a legally effective release of the test results executed by the subject of the test or the subject's legally authorized representative.

(c) An authorized agent or employee of a health facility or health care provider or professional if the health facility or health care provider or professional itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a need to know such information.

(d) The Department and local health authorities serving a population of over 1,000,000 residents or other local health authorities as designated by the Department, in accordance with rules for reporting and controlling the spread of disease, as otherwise provided by State law. The Department, local health authorities, and authorized representatives shall not disclose information and records held by them relating to known or suspected cases of AIDS or HIV infection, publicly or in any action of any kind in any court or before any tribunal, board, or agency. AIDS and HIV infection data shall be protected from disclosure in accordance with the provisions of Sections 8-2101 through 8-2105 of the Code of Civil Procedure.

(e) A health facility or health care provider or professional which procures, processes, distributes or uses: (i) a human body part from a deceased person with respect to medical information regarding that person; or (ii) semen provided prior to the effective date of this Act for the purpose of artificial insemination.

(f) Health facility staff committees for the purposes of conducting program monitoring, program evaluation or service reviews.

(g) (Blank).

(h) Any health care provider or professional or employee of a health facility, and any firefighter or EMT-A, EMT-P, or EMT-I, involved in an accidental direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.

(i) Any law enforcement officer, as defined in subsection (c) of Section 7, involved in the line of duty in a direct skin or mucous membrane contact with the blood or bodily fluids of an individual which is of a nature that may transmit HIV, as determined by a physician in his medical judgment.

(j) A temporary caretaker of a child taken into temporary protective custody by the Department of Children and Family Services pursuant to Section 5 of the Abused and Neglected Child Reporting Act, as now or hereafter amended.

(k) In the case of a minor under 18 years of age whose test result is positive and has been confirmed pursuant to rules adopted by the Department, the health care provider or professional who ordered the test shall make a reasonable effort to notify the minor's parent or legal guardian if, in the professional judgement of the health care provider or professional, notification would be in the best interest of the child and the health care provider or professional has first sought unsuccessfully to persuade the minor to notify the parent or legal guardian or a reasonable time after the minor has agreed to notify the parent or legal guardian, the health care provider or professional has reason to believe that the minor has not made the notification. This subsection shall not create a duty or obligation under which a health care provider must notify the minor's parent or legal guardian of the test results, nor shall a duty or obligation be implied. No civil liability or criminal sanction under this Act shall be imposed for any notification or non-notification of a minor's test result by a health care provider acting in good faith under this subsection. For the purpose of any proceeding, civil or criminal, the good faith of any health care provider acting under this subsection shall be presumed.

(Source: P.A. 93-482, eff. 8-8-03; 94-102, eff. 1-1-06.)

(410 ILCS 305/9.5 new)

Sec. 9.5. Delivery of test results.

(a) The subject of the test or the subject's legally authorized representative may be notified of the results of a negative HIV test in writing, by telephone, or by any other means that maintains the confidentiality of the test result as set forth in Section 9 of this Act.

(b) The subject of the test or the subject's legally authorized representative shall be notified by personal contact of the indeterminate result of an HIV test and the need for repeat testing.

If the subject is known to be at high risk of HIV infection and the subject has negative or indeterminate test results, the subject or the subject's legally authorized representative shall be advised of the need for repeat testing and offered counseling to prevent HIV infection or offered a referral to counseling to prevent HIV infection.

(c) The subject of the test or the subject's legally authorized representative shall be notified by personal contact of the positive or preliminary positive result of an HIV test. When the subject or the subject's legally authorized representative is notified of a positive or preliminary positive test result, the health care provider or professional shall provide the subject or the subject's legally authorized representative with a referral to counseling in connection with the positive or preliminary positive test result and a referral to an appropriate medical facility for the treatment and management of HIV, and shall provide assistance in making an appointment to visit that facility for medical care.

(410 ILCS 305/17 new)

Sec. 17. Grants and training. The Department shall make grants to expand voluntary routine HIV testing in health facilities, including, but not limited to, grants for: the purchase and distribution of rapid HIV test kits; the hiring of staff to conduct health education activities related to routine HIV testing; the training of healthcare providers and professionals; the provision of technical assistance for health facilities; the development and widespread dissemination of written, video, electronic, and other materials containing information required when conducting voluntary HIV testing with written informed consent; the development and dissemination of consent forms that contain a written consent for general medical treatment and a written consent for HIV testing; development and dissemination of materials including model scripts that health care professionals or providers may use to conduct HIV testing and deliver test results, including brief HIV prevention information for HIV-negative individuals; and research conducted for the evaluation of the effectiveness of such grants in expanding the availability of HIV testing. When making these grants to a health facility, the Department shall give priority to health facilities or activities set forth in this Section that shall identify the greatest number of HIV-positive individuals.