Full Text of HB1759 95th General Assembly
HB1759 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1759
Introduced 2/23/2007, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
|
Amends the Perinatal HIV Prevention Act. Provides that every health care professional who provides health care services to a
pregnant
woman shall provide the woman with HIV counseling and perform (instead of recommend) HIV
testing in accordance with the Centers for Disease Control and Prevention's Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings, unless she has already received an HIV test during pregnancy or she refuses in writing to take the test. Provides that every health care professional who provides health care services to a pregnant women, prior to providing an HIV test, must provide the pregnant woman with oral or written information and inform the woman of her right to refuse the test, and, upon request, provide the woman with the necessary forms to register her refusal. Provides that every health care professional who provides health care services to a pregnant woman shall not perform HIV testing on that woman after she has refused the test in writing, unless she withdraws her refusal in writing. Provides that for women at continued risk of exposure to HIV infection in the
judgment
of the health care professional, a repeat test should be provided (instead of recommended) late in
pregnancy or at the time of labor and delivery, unless the woman refuses to the test in writing. Provides that the provision of pre-test information or refusal of testing shall be
documented in the woman's medical record. Provides that any testing, provision of pre-test information, and prenatal information must be in accordance with the Centers for Disease Control and Prevention recommendations. Makes other changes.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1759 |
|
LRB095 09579 KBJ 29779 b |
|
| 1 |
| AN ACT concerning public health.
| 2 |
| WHEREAS, The majority of children who are infected with | 3 |
| human immunodeficiency virus (HIV) acquire the virus from their | 4 |
| mothers during pregnancy; and | 5 |
| WHEREAS, More than one million Americans are infected with | 6 |
| HIV, and 40,000 new cases of HIV occur each year; and | 7 |
| WHEREAS, More than one-quarter of persons with HIV do not | 8 |
| know they are infected and contribute to up to 70% of new cases | 9 |
| of HIV each year; and | 10 |
| WHEREAS, Pregnant women, particularly women of color, are | 11 |
| at high risk for acquiring HIV, but often do not know they | 12 |
| carry the risk of transmitting the virus to their newborns; and | 13 |
| WHEREAS, More than 99% of mother-to-newborn transmissions | 14 |
| of HIV can be prevented if a pregnant woman is tested for HIV | 15 |
| and treated with medications before the birth of her child; and | 16 |
| WHEREAS, National recommendations for preventing | 17 |
| mother-to-newborn HIV infection from authorities, including | 18 |
| the Institute of Medicine, the Centers for Disease Control and | 19 |
| Prevention, the American College of Obstetricians and | 20 |
| Gynecologists, the American Academy of Pediatrics, the | 21 |
| Presidential Advisory Council on HIV/AIDS, and the National |
|
|
|
HB1759 |
- 2 - |
LRB095 09579 KBJ 29779 b |
|
| 1 |
| Congress of Black Women, indicate that the most effective way | 2 |
| to prevent mother-to-newborn HIV transmission is through | 3 |
| routine prenatal testing of all pregnant women with the right | 4 |
| to refuse; and | 5 |
| WHEREAS, Nearly 300 babies have been born with HIV in | 6 |
| Illinois since 1994 since it was demonstrated that prenatal HIV | 7 |
| testing and treatment can prevent mother-to-newborn HIV | 8 |
| infection; and | 9 |
| WHEREAS, The earlier in a pregnancy a woman is identified | 10 |
| as having HIV, the greater the opportunity to provide her with | 11 |
| more effective care for herself and prevent transmission of HIV | 12 |
| to her newborn; therefore | 13 |
| Be it enacted by the People of the State of Illinois,
| 14 |
| represented in the General Assembly:
| 15 |
| Section 5. The Perinatal HIV Prevention Act is amended by | 16 |
| changing Section 10 as follows:
| 17 |
| (410 ILCS 335/10)
| 18 |
| Sec. 10. HIV counseling and offer of HIV testing required.
| 19 |
| (a) Every health care professional who provides health care | 20 |
| services to a
pregnant
woman shall provide the woman with HIV | 21 |
| counseling and perform
recommend HIV
testing in accordance with |
|
|
|
HB1759 |
- 3 - |
LRB095 09579 KBJ 29779 b |
|
| 1 |
| the Centers for Disease Control and Prevention's Revised | 2 |
| Recommendations for HIV Testing of Adults, Adolescents, and | 3 |
| Pregnant Women in Health-Care Settings (September 22, 2006) , | 4 |
| unless she has already received an HIV test during pregnancy or | 5 |
| she refuses in writing to take the test . Every health care | 6 |
| professional who provides health care services to a pregnant | 7 |
| woman must test the woman for HIV as early in the woman's | 8 |
| pregnancy as possible, unless she has already received an HIV | 9 |
| test during pregnancy or objects in writing to the test. Every | 10 |
| health care professional who provides health care services to a | 11 |
| pregnant women, prior to providing an HIV test, must provide | 12 |
| the pregnant woman with oral or written information included in | 13 |
| subsection (d) and inform the woman of her right to refuse the | 14 |
| test, and, upon request, provide the woman with the necessary | 15 |
| forms to register her refusal. Every health care professional | 16 |
| who provides health care services to a pregnant woman shall not | 17 |
| perform HIV testing on that woman after she has refused the | 18 |
| test in writing, unless she withdraws her refusal in writing.
| 19 |
| HIV
testing shall be provided with the woman's consent. A | 20 |
| health care
professional shall
provide the counseling and | 21 |
| recommend the testing as early in the woman's pregnancy
as
| 22 |
| possible. For women at continued risk of exposure to HIV | 23 |
| infection in the
judgment
of the health care professional, a | 24 |
| repeat test should be provided
recommended late in
pregnancy or | 25 |
| at the time of labor and delivery , unless the woman refuses to | 26 |
| the test in writing . The health care professional shall inform |
|
|
|
HB1759 |
- 4 - |
LRB095 09579 KBJ 29779 b |
|
| 1 |
| the pregnant woman that, should she refuse HIV testing during | 2 |
| pregnancy, her newborn infant will be tested for HIV. The
| 3 |
| provision of pre-test information and any written refusal | 4 |
| relating to testing
counseling and recommendation of testing | 5 |
| shall be documented in the woman's medical
record.
| 6 |
| (b) Every health care professional or facility that cares | 7 |
| for a pregnant
woman
during
labor or delivery shall provide the | 8 |
| woman with HIV counseling and recommend
HIV
testing , unless she | 9 |
| refuses in writing to the testing . HIV
testing
shall be | 10 |
| provided with the woman's consent. No counseling or offer of | 11 |
| testing
is
required if
already provided during the woman's | 12 |
| pregnancy. The provision of pre-test information or refusal of | 13 |
| testing
counseling and offer of
testing shall be
documented in | 14 |
| the woman's medical record. The health care facility shall | 15 |
| adopt a policy that provides that as soon as possible within | 16 |
| medical standards after the infant's birth, the mother's HIV | 17 |
| test result, if available, shall be noted in the newborn | 18 |
| infant's medical record. It shall also be noted in the newborn | 19 |
| infant's medical record if the mother's HIV test result is not | 20 |
| available because she has not been tested or has refused
| 21 |
| declined testing. Any testing or test results shall be
| 22 |
| documented in accordance with the Centers for Disease Control | 23 |
| and Prevention's Revised Recommendations for HIV Testing of | 24 |
| Adults, Adolescents, and Pregnant Women in Health-Care | 25 |
| Settings (September 22, 2006)
AIDS Confidentiality Act .
| 26 |
| (c) Every health care professional or facility caring for a |
|
|
|
HB1759 |
- 5 - |
LRB095 09579 KBJ 29779 b |
|
| 1 |
| newborn infant
shall, upon
delivery or as soon as possible | 2 |
| within medical standards after the infant's birth, provide
| 3 |
| pre-test information
counseling to the
parent or
guardian of | 4 |
| the infant and perform rapid HIV testing on the infant, when | 5 |
| the HIV status of the
infant's mother is unknown.
| 6 |
| (d) The pre-test information
counseling required under | 7 |
| this Section must be provided in
accordance with
the Centers | 8 |
| for Disease Control and Prevention's Revised Recommendations | 9 |
| for HIV Testing of Adults, Adolescents, and Pregnant Women in | 10 |
| Health-Care Settings (September 22, 2006)
AIDS Confidentiality | 11 |
| Act and must include the following:
| 12 |
| (1) For the health of the pregnant woman, the voluntary | 13 |
| nature of the testing (the right to refuse HIV testing) and | 14 |
| the benefits of HIV testing, including the
prevention of
| 15 |
| transmission.
| 16 |
| (2) The benefit of HIV testing for the newborn infant, | 17 |
| including
interventions
to
prevent
HIV transmission.
| 18 |
| (3) The side effects of interventions to prevent HIV | 19 |
| transmission.
| 20 |
| (4) The statutory confidentiality provisions that | 21 |
| relate to HIV and
acquired
immune
deficiency syndrome | 22 |
| ("AIDS") testing.
| 23 |
| (e) All prenatal information
counseling and testing must be | 24 |
| performed in accordance with the
standards set forth in the | 25 |
| Centers for Disease Control and Prevention's Revised | 26 |
| Recommendations for HIV Testing of Adults, Adolescents, and |
|
|
|
HB1759 |
- 6 - |
LRB095 09579 KBJ 29779 b |
|
| 1 |
| Pregnant Women in Health-Care Settings (September 22, 2006)
| 2 |
| AIDS Confidentiality Act, including the written informed | 3 |
| consent provisions of Sections 4, 7, and 8 of that Act, with | 4 |
| the exception of
the requirement of consent for testing of | 5 |
| newborn infants . No additional process or written | 6 |
| documentation of informed consent beyond what is required for | 7 |
| other routine prenatal tests is required for HIV testing. | 8 |
| Consent for
testing of a newborn infant shall be presumed when | 9 |
| a health care professional
or health care
facility seeks to | 10 |
| perform a test on a newborn infant whose mother's HIV status
is | 11 |
| not known, provided that the provision of the pre-test | 12 |
| information
counseling required under subsection (d)
has taken | 13 |
| place.
| 14 |
| (f) The Illinois Department of Public Health shall adopt | 15 |
| necessary rules to
implement this Act.
| 16 |
| (Source: P.A. 93-566, eff. 8-20-03; 94-910, eff. 6-23-06.)
|
|