Full Text of HB1110 96th General Assembly
HB1110sam001 96TH GENERAL ASSEMBLY
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Sen. Mike Jacobs
Filed: 4/28/2009
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| AMENDMENT TO HOUSE BILL 1110
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| AMENDMENT NO. ______. Amend House Bill 1110 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The AIDS Confidentiality Act is amended by | 5 |
| changing Section 9 as follows:
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| (410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
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| Sec. 9. No person may disclose or be compelled to disclose | 8 |
| the
identity of any person upon whom a test is performed, or | 9 |
| the results of
such a test in a manner which permits | 10 |
| identification of the subject of the
test, except to the | 11 |
| following persons:
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| (a) The subject of the test or the subject's legally
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| authorized representative. A physician may notify the spouse of | 14 |
| the
test subject, if the test result is positive and has been | 15 |
| confirmed
pursuant to rules adopted by the Department, provided | 16 |
| that the physician has
first sought unsuccessfully to persuade |
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| the patient to notify the spouse or
that, a reasonable time | 2 |
| after the patient has agreed to make the
notification, the | 3 |
| physician has reason to believe that the patient has not
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| provided the notification. This paragraph shall not create a | 5 |
| duty or
obligation under which a physician must notify the | 6 |
| spouse of the test
results, nor shall such duty or obligation | 7 |
| be implied. No civil liability
or criminal sanction under this | 8 |
| Act shall be imposed for any disclosure or
non-disclosure of a | 9 |
| test result to a spouse by a physician acting in good
faith | 10 |
| under this paragraph. For the purpose of any proceedings, civil | 11 |
| or
criminal, the good faith of any physician acting under this | 12 |
| paragraph shall
be presumed.
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| (b) Any person designated in a legally effective release of | 14 |
| the test
results executed by the subject of the test or the | 15 |
| subject's legally
authorized representative.
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| (c) An authorized agent or employee of a health facility or | 17 |
| health care
provider if the health facility or health care | 18 |
| provider itself is
authorized to obtain the test results, the | 19 |
| agent or employee provides
patient care or handles or processes | 20 |
| specimens of body fluids or tissues,
and the agent or employee | 21 |
| has a need to know such information.
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| (d) The Department and local health authorities serving a | 23 |
| population of over 1,000,000 residents or other local health | 24 |
| authorities as designated by the Department, in accordance with | 25 |
| rules for reporting and
controlling the spread of disease, as | 26 |
| otherwise provided by State law.
The Department,
local health |
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| authorities, and authorized representatives shall not disclose
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| information and records held by them relating to known or | 3 |
| suspected cases of
AIDS or HIV infection, publicly or in any | 4 |
| action of any kind in any court or
before any tribunal, board, | 5 |
| or agency. AIDS and HIV infection data shall be
protected from | 6 |
| disclosure in accordance with the provisions of Sections 8-2101
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| through 8-2105 of the Code of Civil Procedure.
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| (e) A health facility or health care provider which | 9 |
| procures, processes,
distributes or uses: (i) a human body part | 10 |
| from a deceased person
with respect to medical information | 11 |
| regarding that person; or (ii) semen
provided prior to the | 12 |
| effective date of this Act for the purpose of
artificial | 13 |
| insemination.
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| (f) Health facility staff committees for the purposes of | 15 |
| conducting
program monitoring, program evaluation or service | 16 |
| reviews.
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| (f-5) A court in accordance with the provisions of Section | 18 |
| 12-16.2 of the Criminal Code of 1961. | 19 |
| (g) (Blank).
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| (h) Any health care provider or employee of a health | 21 |
| facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | 22 |
| involved in an accidental direct
skin or mucous membrane | 23 |
| contact with the blood or bodily fluids of an
individual which | 24 |
| is of a nature that may transmit HIV, as determined by a
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| physician in his medical judgment.
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| (i) Any law enforcement officer, as defined in subsection |
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| (c) of
Section 7, involved in the line of duty in a direct skin | 2 |
| or mucous membrane
contact with the blood or bodily fluids of | 3 |
| an individual which is of a
nature that may transmit HIV, as | 4 |
| determined by a physician in his medical
judgment.
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| (j) A temporary caretaker of a child taken into temporary | 6 |
| protective
custody by the Department of Children and Family | 7 |
| Services pursuant to Section 5
of the Abused and Neglected | 8 |
| Child Reporting Act, as now or hereafter amended.
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| (k) In the case of a minor under 18 years of age whose test | 10 |
| result is
positive and has been confirmed
pursuant to rules | 11 |
| adopted by the Department, the health care provider who ordered | 12 |
| the test shall make a reasonable
effort to notify the minor's | 13 |
| parent or legal guardian if, in the
professional judgment | 14 |
| judgement of the health care provider, notification would be
in | 15 |
| the best interest of the child and the health care provider has | 16 |
| first
sought unsuccessfully to persuade the minor to notify the | 17 |
| parent or legal
guardian or a reasonable time after the minor | 18 |
| has agreed to notify
the parent or legal guardian, the health | 19 |
| care provider has reason to
believe that the minor has not made | 20 |
| the notification. This subsection
shall not create a duty or | 21 |
| obligation under which a health care provider
must notify the | 22 |
| minor's parent or legal guardian of the test results, nor
shall | 23 |
| a duty or obligation be implied. No civil liability or criminal | 24 |
| sanction
under this Act shall be imposed for any notification | 25 |
| or non-notification of a
minor's test result by a health care | 26 |
| provider acting in good faith under this
subsection. For the |
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| purpose of any proceeding, civil or criminal, the good
faith of | 2 |
| any health care provider acting under this subsection shall be
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| presumed.
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| (Source: P.A. 93-482, eff. 8-8-03; 94-102, eff. 1-1-06; revised | 5 |
| 10-28-08.)
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| Section 10. The Criminal Code of 1961 is amended by | 7 |
| changing Section 12-16.2 as follows:
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| (720 ILCS 5/12-16.2) (from Ch. 38, par. 12-16.2)
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| Sec. 12-16.2. Criminal Transmission of HIV. (a) A person | 10 |
| commits criminal
transmission of HIV when he or she, knowing | 11 |
| that he or she is infected with HIV:
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| (1) engages in intimate contact with another;
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| (2) transfers, donates, or provides his or her blood, | 14 |
| tissue, semen,
organs, or other potentially infectious body | 15 |
| fluids for transfusion,
transplantation, insemination, or | 16 |
| other administration to another; or
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| (3) dispenses, delivers, exchanges, sells, or in any other | 18 |
| way transfers
to another any nonsterile intravenous or | 19 |
| intramuscular drug paraphernalia.
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| (b) For purposes of this Section:
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| "HIV" means the human immunodeficiency virus or any other | 22 |
| identified
causative agent of acquired immunodeficiency | 23 |
| syndrome.
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| "Intimate contact with another" means the direct skin or |
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| mucous membrane
contact with the blood or bodily fluids of an | 2 |
| individual which is of a nature that
may reasonably transmit | 3 |
| HIV exposure of the body
of one person to a bodily fluid of | 4 |
| another person in a manner that could
result in the | 5 |
| transmission of HIV .
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| "Intravenous or intramuscular drug paraphernalia" means | 7 |
| any
equipment, product, or material of any kind which is | 8 |
| peculiar to and
marketed for use in injecting a substance into | 9 |
| the human body.
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| (c) Nothing in this Section shall be construed to require | 11 |
| that an infection
with HIV has occurred in order for a person | 12 |
| to have committed criminal
transmission of HIV.
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| (d) It shall be an affirmative defense that the person | 14 |
| exposed knew that the
infected person was infected with HIV, | 15 |
| knew that the action could result
in infection with HIV, and | 16 |
| consented to the action with that knowledge.
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| (d-5) A prosecuting entity may issue a subpoena duces tecum | 18 |
| for the records of a
person charged with the offense of | 19 |
| criminal transmission of HIV or a subpoena
for the attendance | 20 |
| of a person with relevant knowledge thereof so long as the
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| return of the records or attendance of the person pursuant to | 22 |
| the subpoena is
submitted initially to the court for an in | 23 |
| camera inspection. Only upon a finding
by the court that the | 24 |
| records or proffered testimony are relevant to the pending
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| offense, the information sought by the subpoena shall be | 26 |
| disclosed to the prosecuting entity and admissible if otherwise |
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| permitted by law. | 2 |
| (e) A person who commits criminal transmission of HIV | 3 |
| commits a Class 2 felony.
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| (Source: P.A. 86-897.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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